European Super League Co v UEFA (2023): Case Summary and Legal Principles

Also Known As: European Super League Company, S. L. v Union of European Football Associations (UEFA) and Fédération Internationale de Football Association (FIFA)

Court: Court of Justice of the European Union (CJEU)
Judgment Date: 21 December 2023

The legal issue in European Super League Co v UEFA was based on the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) to the activities of the Fédération Internationale de Football Association (FIFA) and the Union of European Football Associations (UEFA).

European Super League Co v UEFA addresses whether the rules and regulations set forth by FIFA and UEFA regarding the organisation, commercialisation, and exploitation of rights related to international football club competitions within the European Union (EU) violate EU competition law.

European Super League Co v UEFA - competition law - fifa - breakaway league - fiorentino perez

Material Facts in European Super League Co v UEFA

The case concerns the position of FIFA and UEFA as the dominant entities in the market for organising and commercialising international football club competitions within the EU.

The plaintiff alleges that the rules established by FIFA and UEFA hinder competition in the market for organising and commercialising these competitions, as well as the exploitation of related rights.

The plaintiff further contends that the rules imposed by FIFA and UEFA restrict the freedom of movement of workers, services, and establishment guaranteed by EU law.

Judgment in European Super League Co v UEFA

The judgment in this case is centred on the interpretation and application of Articles 101 and 102 TFEU to the activities of FIFA and UEFA.

The Court is tasked with determining whether the rules and regulations set forth by these football associations violate EU competition law and impede the fundamental freedoms guaranteed by the EU treaties.

The Reason for the Decision in European Super League Co v UEFA

The Court’s decision is based on the finding that FIFA and UEFA, through their rules and regulations, hold a dominant position in the market for organising and commercialising international football club competitions within the EU.

The Court acknowledged that the activities of FIFA and UEFA constitute economic activities and that they, along with their member associations, can be classified as “undertakings” under EU competition law.

The Court also considered the impact of the rules on competition, emphasising the potential restrictions they impose on the freedom of movement of workers, services, and establishment within the EU.

The legal principles at the core of this case pertain to the application of EU competition law to the activities of sports associations, FIFA and UEFA.

The Court’s decision underscores the importance of ensuring fair competition within the EU market and upholding the fundamental freedoms enshrined in the EU treaties.

Additionally, the case of European Super League Co v UEFA highlights the need to assess the economic activities of sports associations and their impact on competition and freedom of movement within the EU.

The case at hand raised significant legal and regulatory considerations regarding the application of EU competition law to the activities of sports associations, particularly in the context of organising and commercialising international football club competitions.

The Court’s decision reflects a comprehensive analysis of the economic activities of FIFA and UEFA and their implications for competition and freedom of movement within the EU.

This case serves as a notable example of the intersection between sports governance and EU competition law, shedding light on the complexities inherent in regulating the economic aspects of sports at the supranational level.

Picture of Quiyue Zhao, Ph.D.

Quiyue Zhao, Ph.D.

Quiyue possesses an undergraduate degree in Law with International Relations, an LLM in International Law and Doctorate in Human Rights and Legal Technology. Her PhD thesis was based on the impact of crypto-assets regulation on financial inclusion for women in emerging markets. Quiyue is a senior research fellow in London and has an interest in Constitutional Law, Economic Crime, European Union Law and Family and Child Law.

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