Advocate General's opinion on the Super League case states that FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law

Advocate General's opinion on the Super League case states that FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law


On 15 December, the European Court of Justice (ECJ) published Advocate General Rantos’ Opinion regarding the Super League case.  The Advocate General suggested that the Court acknowledges the compatibility of European Union competition law with FIFA-UEFA rules. While organizers are allowed to create their own competitions outside of UEFA and FIFA, Rantos said that without their approval, organizers are not permitted to participate in UEFA and FIFA tournaments. According to the Advocate General EU competition rules do not prohibit FIFA, UEFA, their member federations, or their national leagues from issuing sanctions against clubs when those participate in a project to set up a new competition that would risk undermining the objectives that those federations legitimately pursue.  
 

The Opinion strengthens the European Sport Model (“Article 165 TFEU gives expression to the ‘constitutional’ recognition of the ‘European Sports Model”) and also reinforces Art. 165 of the Lisbon Treaty in the application of competition policy to sport “(Art. 165 …emphasises the special social character of that economic activity (of sport), which may justify a difference in treatment in certain respects”). The General Advocate identified the various components of the European Sport Model, including its pyramidal structure, open competitions and financial solidarity. In the application of competition policy to sport, the preservation of these aspects can be seen as a justifiable goal. 

According to a different Advocate General's Opinion, Rantos has requested that the judgment of the General Court of the European Union of 16 December 2020, International Skating Union (ISU) v Commission (T-93/18), be set aside in part and requests that it be referred back to the ECJ. In particular, the opinion states that sports federations can prevent athletes from competing in alternative tournaments in some situations without breaking competition law. Sports federations are allowed to act as regulators of their sport and event organisers at the same time, but market access can be denied if legitimate interests are pursued, the objective is reasonable and the measures are proportionate. In addition, Rantos strengthens arbitration in sport, in this case the CAS, by stating: “that the exclusive and binding recourse to arbitration is not to be interpreted as an "enhancing factor" in the sense of a restriction of competition”. 

The European Court of Justice’s final decision in the Super League case is expected in March 2023. The ECJ generally abides by Advocate General’s recommendations.   

Recent Posts

Eurostat: Employment in sport growth continues

According to the latest Eurostat data, employment in the sports sector across the European Union grew by 6.5% between 2023 and 2024, reaching 1.6 million people and accounting for 0.8% of total EU employment. This marks the third consecutive year of growth, driven by the post-pandemic recovery of the sports industry and the increasing demand […]

Read More
EYOF Skopje 2025 showcases unity and youth excellence in European sport

The European Youth Olympic Festival (EYOF) Skopje 2025 is well underway, bringing together over 4,000 athletes and officials from 50 delegations, including the first-ever EOC Refugee Team. Marking the largest edition in EYOF history and the most significant multi-sport event ever hosted in North Macedonia, the festival embodies the spirit of the European Olympic Movement, […]

Read More
MFF 2028-2034: What's in it for sport?

Following the European Commission’s proposal for the next Multiannual Financial Framework, more details have emerged on its structure and potential implications for sport and physical activity. Erasmus+ is set to continue as a standalone programme with a proposed €40.8 billion envelope, representing a significant increase from the current €26.2 billion. While the merger with the […]

Read More

Related Posts

August 1, 2025
Eurostat: Employment in sport growth continues

According to the latest Eurostat data, employment in the sports sector across the European Union grew by 6.5% between 2023 and 2024, reaching 1.6 million people and accounting for 0.8% of total EU employment. This marks the third consecutive year of growth, driven by the post-pandemic recovery of the sports industry and the increasing demand […]

July 28, 2025
EYOF Skopje 2025 showcases unity and youth excellence in European sport

The European Youth Olympic Festival (EYOF) Skopje 2025 is well underway, bringing together over 4,000 athletes and officials from 50 delegations, including the first-ever EOC Refugee Team. Marking the largest edition in EYOF history and the most significant multi-sport event ever hosted in North Macedonia, the festival embodies the spirit of the European Olympic Movement, […]

July 28, 2025
MFF 2028-2034: What's in it for sport?

Following the European Commission’s proposal for the next Multiannual Financial Framework, more details have emerged on its structure and potential implications for sport and physical activity. Erasmus+ is set to continue as a standalone programme with a proposed €40.8 billion envelope, representing a significant increase from the current €26.2 billion. While the merger with the […]

About us

The EOC EU Office is the House of European Sport, representing the European Olympic Committees (EOC), the IOC and other major sport organisations to the European institutions in Brussels.
CONTACT
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram