UEFA and FIFA’s right to block new competitions like the European Super League is compatible with EU law, according to a key legal opinion published on Thursday.
The opinion of the Advocate General in the case, Athanasios Rantos, was read out on Thursday morning at the European Court of Justice in Luxembourg. Those behind the Super League felt UEFA and FIFA were abusing a dominant position under EU competition law by first blocking the league in April 2021 and then seeking to sanction the clubs involved.
Although this opinion is non-binding ahead of the final ruling next year, it appears to sink any hopes of a Super League operating within European football’s mainstream if it does not have UEFA and FIFA approval. A release from the court stated: “While ESLC (European Super League Company) is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the creation of such a competition, continue to participate in the football competitions organised by FIFA and UEFA without the prior authorisation of those federations.”
READ MORE: Forest notebook: Trio return, special connection, deal signed and a meeting to watch for
READ MORE: Jesse Lingard breaks silence on Nottingham Forest future ahead of January transfer window
That would effectively mean clubs would be free to break away and join an unapproved Super League, but would not also be able to compete in domestic leagues. UEFA said it “warmly welcomed” the AG opinion which it described as “unequivocal”.
Rantos stated in his opinion: “The non-recognition by FIFA and UEFA of an essentially closed competition such as the ESL could be regarded as inherent in the pursuit of certain legitimate objectives, in that the purpose of that non-recognition is to maintain the principles of participation based on sporting results, equal opportunities and solidarity upon which the pyramid structure of European football is founded and to combat dual membership scenarios.”
Should the final ruling mirror the AG’s opinion, it would ward off the threat of a Super League for generations to come, unless those involved are prepared to operate entirely outside the existing framework. The threat of a breakaway by big clubs has been held over UEFA for almost as long as the European Cup and its successor the Champions League has been in existence.
The most recent attempt to form such a league involved 12 of Europe’s top teams in April last year, including the Premier League’s "Big Six" - Manchester United, Liverpool, Manchester City, Chelsea, Arsenal and Tottenham. The intention was for 15 clubs to be permanent members of the league, free of the threat of relegation, with five clubs invited to join on a seasonal basis. However, UEFA and FIFA refused to approve it and threatened the clubs with sanctions if they entered.
Fans of the Premier League clubs in particular were vocal in their opposition to it, while the British Prime Minister at the time, Boris Johnson, threatened to “drop a legislative bomb” on the clubs involved. In the AG’s opinion, EU competition rules also do not prohibit UEFA, FIFA, national federations or leagues issuing threats of sanctions against clubs who participate in a new project.
UEFA and FIFA’s exclusive right to market its competitions was also not a breach of EU competition law, the AG found. “Those restrictions are inherent in and proportionate to the pursuit of the legitimate objectives related to the specific nature of sport,” the court document stated.
After the "Big Six" dropped their initial bombshell, the Premier League's other 16 clubs all came out in opposition to the proposal. Nottingham Forest were in the EFL when the European Super League plans were launched.
The Reds went on to win promotion to the Premier League via the Championship play-offs, beating Huddersfield Town 1-0 at Wembley in the final to seal their return to the top flight of English football after 23 years away.
Forest are battling to retain their Premier League status for another season. Ahead of the impending return to action following the World Cup break, Steve Cooper's side are just inside the relegation zone, sitting third from bottom but only one point from safety.
READ NEXT:
- Forest sent transfer demand after footage shared
- Forest make midfielder transfer 'bid' as trialist discusses Reds spell
- Garibaldi Red podcast holds first live show - and you can join class panel
- Follow the latest Nottingham Forest news throughout the day
- The latest Nottingham Forest news in one place
