The case “C333/21” at the European Court of Justice is apparently nearing its conclusion: a verdict date for the legal dispute over the Super League in football has been set.
It was ten months and nine days ago that ECJ Advocate General Athanasios Rantos read out his opinion in Luxembourg. In his opinion, FIFA and UEFA’s rules, which must approve any new competition, are compatible with EU competition law. This was seen by many observers as a setback for the plans of initially twelve and shortly afterwards only three major clubs (Real Madrid, FC Barcelona and Juventus Turin) to found the Super League.
In the past, the court very often followed the assessment of its advocate general. However, it now seems doubtful that this will be the case in this specific case. The verdict was actually expected at the beginning of 2023, but the decision was then postponed several times. According to the ECJ press service, the date has only now been set: on December 21st of this year at 9:30 a.m. the matter will be discussed “C333/21 – Super League” decided.
Founding, yes, but only outside the system
In his report from last December, Rantos stated that, in principle, an independent football competition such as a Super League could be founded. But the clubs are not allowed “In parallel with the establishment of such a competition, continue to participate in the football competitions organized by these associations without the prior authorization of UEFA and FIFA”. This would mean, according to Rantos, that if participation in the Super League were to be excluded from the national championships and the European competitions Champions League, Europa League and Conference League, it would be compatible with EU law.
UEFA and the DFB subsequently announced that they welcomed the statement. “The statement reaffirms the central role of associations in protecting sport, upholding the fundamental principles of merit in sport and open access for all our members.”said UEFA.
Reichart is looking forward to the verdict
Of course, the plaintiffs saw and see things completely differently. In addition to the “European Super League Company” based in Spain, this is also the Spanish sports marketing agency A22, behind which are the three officially remaining clubs that are still following the Super League after its crashing failure in April 2021 – there was Juventus Turin but finally there are already exit plans.
The plaintiffs state that they feel prevented from participating in the market and are forced into the framework of the associations. A22 boss Bernd Reichart, who was even considered the DFL boss for a while, came out against the “UEFA monopoly” with clear words: “UEFA organizes the competitions and at the same time can reject other competitions – that is a conflict of interest.”
Now Reichart is looking forward to December 21st: “European club football is facing a major upheaval. We hope that the European Court of Justice will end UEFA’s monopoly and enforce the fundamental freedoms of the European Union in the world of football. Fans, clubs, players and the sport of football would be the winners in one market , which is open to a competition of ideas and in which clubs could organize and host a European football competition without fear of threats.”