The teams who plotted for a European Super League have today been dealt a huge blow over that project and any potential future breakaway plans.
The European Superleague Company, ESLC, effectively made up of Barcelona, Real Madrid and Juventus, had initiated legal proceedings through the Madrid courts over what they saw as a UEFA monopoly on the European game - and whether it could amount to a potential breach of EU competition law.
But this morning Athanasios Rantos, Advocate General at the European Court of Justice, has released his 'Opinion' which comes down firmly in favour of the UEFA side.
It indicates UEFA and FIFA should have the right to block the creation of new competitions such as the doomed Super League - and also to issue punishments to sides that participate in breakaway projects.
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While the Advocate General's take is non-binding, it is widely expected to guide the final outcome of the court case.
A press release from the European Court of Justice today confirmed: "The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law.
"Whilst ESLC is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the creation of such a competition, continue to participate in the football competitions organised by FIFA and UEFA without the prior authorisation of those federations."
The Super League plot fully came to light back in April 2021. Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, Tottenham, AC Milan, Inter Milan, Juventus, Atletico Madrid, Barcelona and Real Madrid were all signed up as founding members.
After the collapse of the original ESL plan within days, where nine of the 12 clubs who had signed up initially to a breakaway competition opted to turn their back on it in the face of much anger from fans, governing bodies and the wider football family, the three clubs that remained espoused to the idea challenged UEFA through the courts.
The case made its way to the ECJ, who heard representations from both sides in recent months, with Mr Rantos now releasing his recommendations. The case will then be kicked back to the Madrid courts for a final ruling, which usually in the upholding of the ECJ's recommendations.
Journalist Miguel Delaney described today's news as a "total victory for UEFA in this step of the ECL case". Martyn Ziegler of the Times called it a "massive blow for those clubs pushing a Super League", while the Mail's Rob Draper said: "On the face of it this looks like a pretty big win for UEFA".
The four conclusions from Advocate General Rantos were summed up as follows in today's press release:
1) The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law.
2) The EU competition rules do not prohibit FIFA, UEFA, their member federations or their national leagues from issuing threats of sanctions against clubs affiliated to those federations when those clubs participate in a project to set up a new competition which would risk undermining the objectives legitimately pursued by those federations of which they are members.
3) The EU competition rules do not preclude the restrictions, in the FIFA Statute, concerning the exclusive marketing of the rights relating to the competitions organised by FIFA and UEFA.
4) EU law does not preclude the FIFA and UEFA Statutes which provide that the setting up of a new pan-European interclub football competition is to be subject to a prior approval scheme, since that requirement is appropriate and necessary for that purpose, taking into account the particular characteristics of the planned competition.
UEFA released a statement this morning which said: "UEFA warmly welcomes today’s unequivocal Opinion recommending a ruling of the CJEU in support of our central mission to govern European football, protect the pyramid and develop the game across Europe."
Javier Tebas, president of the Spanish top flight LaLiga, said: "LaLiga, along with other European leagues, will continue to fight for right of European institutions to legislate and provide legal protection for the current European football model".
After the collapse of the Super League scheme in April 2021, FSG chief and Liverpool owner John Henry recorded a video apology to Reds fans, shouldering the blame for the club's part in the plot.
In a statement sent to the ECHO later last year, that first appeared in the Guardian, Liverpool's stance was explained in further detail.
"Our involvement in the proposed ESL plans has been discontinued," the statement read. "We are absolutely committed to following that through and there should be no ambiguity to suggest otherwise. We are acting on the best legal advice and approach to appropriately end our involvement."
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