REFLECTIONS ON EUROPEAN COURT OF JUSTICE JUDGEMENT IN THE CASE OF EUROPEAN SUPERLEAGUE COMPANY V. UEFA AND FIFA

Abstract

There is no doubt that the judgment of European Court of Justice (ECJ) from 21 December 2023 is of the great importance to world of football. It could be qualified as real a “tsunami” in the European club competition. It caused reactions of the whole football society including all its relevant subjects: national associations, confederations, players, fans and other stakeholders. Namely, the ECJ decides that International Association Football Federation (FIFA) and Union of European Football Associations (UEFA) supreme body decisions made in order to forbid the forming of European Super League (ESL) are unlawful. The FIFA and UEFA decisions are based on the rules on prior approval of international football competitions and sanctions against the professional clubs intending to create separate association and competitions other than those created and allowed by FIFA and UEFA. The ECJ decide that such conduct is abusing of the dominant position prohibited by Article 102 of the Treaty of Functioning of the European Union (TFEU), as well as Article 101 of the TFEU related to rules on competition. In addition, the ECJ judgment addresses other important issues as free movement of persons, services and capital.