Opinion in Case C-333/21 European Superleague Company

Thursday 15th December 2022

Opinion in Case C-333/21 European Superleague Company

(Competition Law)

The International Federation of Association Football (FIFA), an entity under Swiss private law, is the world executive body for football whose main aim is to promote football and organize its international competitions. The Union of European Football Associations (UEFA) is also a Swiss private law entity which is the governing body of football at European level.

In accordance with their statutes, FIFA and UEFA hold the monopoly for the authorization and organization of international professional football competitions in Europe.

The European Super League Company (ESLC), is a company under Spanish law formed by prestigious European football clubs whose project is to organize the first annual European football competition, called “European Super League” (ESL), which would exist independently of UEFA.

Following the announcement of the creation of the ESL, FIFA and UEFA issued a statement in which they expressed their refusal to recognize this new entity. They also issued a warning that any player or club participating in this new competition will be expelled from those organized by FIFA and its confederations. In another statement, this statement was endorsed by UEFA and other national federations, recalling the possibility of adopting disciplinary measures against ESL participants. These disciplinary measures would imply, in particular, the exclusion of clubs and players participating in the ESL from certain major European and world competitions.

Believing that the behavior of FIFA and UEFA must be qualified as anti-competitive and incompatible with EU competition law and the provisions of the FEU Treaty relating to fundamental freedoms, the ESL seized the Juzgado de lo Mercantil (Commercial Court of Madrid).

That court invites the Court to rule on the compliance with EU law of certain statutory provisions of FIFA and UEFA as well as warnings or threats issued by those federations. Among the rules of Union law subject to interpretation by the Court are (i) the prohibition of abuse of a dominant position enacted in Article 102 TFEU, (ii) the prohibition of anti-competitive agreements provided for in Article 101 TFEU and, iii) the various fundamental freedoms guaranteed by the FEU Treaty, insofar as these could be used to weaken any private initiative likely to be competitive in the field of football competitions.

Background Documents C-333/21