SUPER LEAGUE AGAINST UEFA: THE MATCH FOR THE CONTROL OF EUROPEAN FOOTBALL

Abstract

FIFA and UEFA have been the associations in charge of organizing football competitions in Europe for years. On 18 April 2021, twelve major European clubs announced the creation of a new competition, the European Super League, bypassing the requirement to seek prior authorisation under the FIFA and UEFA Statutes. The sanctioning reaction of these bodies and the defence of some of the founders have given rise to a dispute that has reached the Court of Justice of the EU. The judgment, dated 21 December 2023, declared that UEFA's pre-authorisation rules (as submitted to the CJEU) were contrary to competition law. This judgment is likely to change the way sport relates to competition law, with the basic principles of the so-called «European Model of Sport» at stake. The aim of this paper is twofold. On the one hand, it seeks to present a clear analysis of the Court's reasoning, in contrast to the Advocate General's Opinion in this case. On the other hand, it aims to analyse the context in which this judgment is framed and the impact it may have on the «European Model of Sport», which seems to be a socially desirable element for the EU institutions.