The prospect of a European Super League (ESL) has been boosted after judges this morning ruled that UEFA and FIFA rules banning breakaway competitions were contrary to EU law.
A ruling by the European Court of Justice (ECJ) said that UEFA acted illegally and were "abusing a dominant position" by blocking the formation of the ESL in 2021.
The court said such rules were "contrary to competition law and the freedom to provide services", given UEFA create and regulate their own competitions and commercial rights. Although, the governing body says they have since changed their rules to bypass this judgement.
The ECJ said its judgment "does not mean that a competition such as the ESL project must necessarily be approved", but it appears to have given the green light to the prospect of any such competition being relaunched.
UEFA threatened to sanction clubs who planned to join the original ESL after 12 clubs, including Chelsea, Arsenal, Liverpool, Manchester City, Manchester United and Tottenham, announced the formation of the breakaway competition in April 2021.
Only Real Madrid and Barcelona are still publicly backing the project after the six English clubs, Atletico Madrid and the two Milan teams, AC and Inter, swiftly pulled out after a backlash from fans, players, coaches, domestic leagues, governing bodies and even national governments.
Juventus finally withdrew after the resignation of Andrea Agnelli as chairman in July. But Barcelona president Joan Laporta said in January that he believes an ESL will be launched in 2025 and its supporters insist many clubs still back the idea.
Today's ruling is binding and not subject to appeal. Backers of the league will view the judgment as a significant victory, opening the door to a fresh push for a future breakaway.
The men's ESL would comprise three divisions, the top two Star and Gold leagues consisting of 16 clubs and the third-tier Blue League with 32 clubs. Participation would be based on sporting merit, with no permanent members, a minimum of 14 matches per year, staged in midweek, to sit alongside domestic league schedules.
ESL bosses want to create a streaming service called Unify, where all matches will be screened live and free to view. Plans also include a 32-team women's competition.
Bernd Reichart, the chief executive of A22 Sports Management, the company behind the project, said: "We have won the right to compete. The UEFA monopoly is over. Football is free. The clubs no longer have to fear sanctions and can now determine their own future."
Real Madrid president Florentino Perez declared the judgment a "great day for the history of football".
English clubs still have the threat of Premier League sanctions if they attempt to join a breakaway league, as well as the looming prospect of new legislation from an independent football regulator.
Government sources today ruled out any future involvement from Premier League clubs. In response to the ruling, a spokesperson for the Department for Digital, Culture, Media and Sport said: "We will shortly be bringing forward legislation that will stop clubs from joining any similar breakaway competitions in the future."
Since the original ESL plan, UEFA have combined with clubs to sell TV rights for an expanded Champions League. The governing body said they are "confident in the robustness" of the new rules and insisted they "remain resolute in their commitment to uphold the European football pyramid".
„We have won the #RightToCompete. The UEFA-monopoly is over. Football is FREE. Clubs are now free from the threat of sanction AND free to determine their own futures”, our CEO Bernd Reichart comments the CJEU decision. 1/4
— A22 Sports (@A22Sports) December 21, 2023
Their statement added: "This ruling does not signify an endorsement or validation of the so-called 'super league'; it rather underscores a pre-existing shortfall within UEFA's pre-authorisation framework, a technical aspect that has already been addressed.
"UEFA are confident [the new rules] comply with all relevant European laws and regulations.
"UEFA remain resolute in their commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society. We will continue to shape the model collectively with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners.
"We trust that the solidarity-based European football pyramid that the fans and all stakeholders have declared as their irreplaceable model will be safeguarded against the threat of breakaways by European and national laws."
The Football Association (FA) and Premier League have also reaffirmed their stance after today's ruling.
A statement from the Premier League said that it "continues to reject any such concept" of a Super League, while the FA noted that their rules regarding preventing teams from leaving its competitions had been "updated" in late 2021.
Clubs including Manchester United have also made clear their anti-Super League stance.
