European Superleague Case: UEFA and FIFA Rules are Contrary to Competition Law and the Freedom to Provide Services

CJEU, Case C-333/21, 21 December 2023, European Superleague Company

Date of the decision: 2023-12-21

In a long-awaited judgement (attached) on 21 December 2023, the Court of Justice of the European Union declares that FIFA and UEFA rules on prior approval of interclub football competitions, such as the Super League, are contrary to EU competition law and the freedom to provide services.

Context

FIFA and UEFA are associations governed by private law, having their headquarters in Switzerland. Their objective is to promote and set the framework for football at world and European levels. They adopted rules conferring on them the power to approve interclub football competitions in Europe and exploit the various media rights related to those competitions.

In January 2021, a group of 12 European football clubs, acting through the Spanish company European Superleague Company, wished to set up a new football competition project: the Super League.

The shareholder and investment agreement signed by the project promoters makes the establishment of the Super League subject to approval by FIFA and UEFA as a new competition compatible with their Statutes.

However, FIFA and UEFA refused to recognise that new competition and warned that any player or club taking part in that new competition would be...

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