This is a decision that does not allow appeal and must be applied by the Spanish court that is considering the case.
A Madrid court confirmed that UEFA and FIFA “abused their dominant position” when they prevented the creation of the football Super League, according to the process consulted this Wednesday by the agency France Presse (AFP).
“UEFA and FIFA abused their dominant position […]by granting themselves the discretionary power to prevent participation [dos clubes europeus] in alternative competitions”, considered the court, confirming the decision of the Court of Justice of the European Union (CJEU) in 2023.
In May 2024, the Superior Court and Justice (TSJ) of Madrid had decided that FIFA and UEFA “abused their dominant position” and should “cease their anti-competitive conduct”, with the two organizations and the Spanish League appealing this decision, which has now been confirmed.
This court partially upheld the action brought by the European Super League Company (ESLC), based in Madrid, against UEFA and FIFA, and declared that both bodies claim “the discretionary power to prohibit participation in alternative competitions and impose unjustified and disproportionate restrictions”, which violates the Treaty on the Functioning of the European Union (TFEU).
On December 21, 2023, the Court of Justice of the European Union (CJEU) considered the decision by FIFA and UEFA to ban athletes and clubs from participating in private competitions to be contrary to European law, considering that the organizations abused their “dominant position” in their action against the creation of the controversial football Super League.
This is a decision that does not allow appeal and that must be applied by the Spanish court that is considering the case, in response to the complaint presented in April 2022 by the companies managing the sports project – A22 Sports Management and European Super League.
The Superliga project was initiated by 12 European clubs, of which only Real Madrid, FC Barcelona and Juventus remain.
In a statement, the CJEU held that FIFA and UEFA’s decision to subject any competition that arises to their prior approval is illegal, as is “prohibiting clubs and athletes from participating in these competitions”.
However, the CJEU noted that the decision “does not mean that competitions such as the Super League must necessarily be approved”, warning that the decision is related to what FIFA and UEFA can or cannot do, rather than the legitimacy of a specific project.
