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

Monthly Report Highlight - European Parliament draft kicks off debate on a stronger, fairer European Sport Model

The debate on the future of the European Sport Model (ESM) entered a decisive phase this month with the publication of the draft report by the European Parliament’s Committee on Culture and Education (CULT). Authored by rapporteur Bogdan Andrzej Zdrojewski (EPP, PL), the text will serve as Parliament’s formal position before the European Commission prepares […]

Read More
Empowering future sport leaders in Papendal

This week, the EOC EU Office joined forces with its partner organisations engaged at the joint NILE (Nordic International Leadership Education), LEAP (International LEAdership Programme of the German Olympic Sports Confederation - DOSB), and International Leadership Course of the Belgian Olympic and Interfederal Committee - BOIC workshop in Papendal, Netherlands. Bringing together emerging leaders from […]

Read More
SAFE HARBOUR showcased at Olympism365 Summit in Lausanne

From 3–5 June, the EOC EU Office took part in the Olympism365 Summit: Sport for a Better World, held in Lausanne. Bringing together leaders from the Olympic Movement, UN agencies, civil society and the private sector, the event focused on advancing the Sustainable Development Goals through sport, along with the theme of safeguarding in sport. […]

Read More

Related Posts

June 13, 2025
Monthly Report Highlight - European Parliament draft kicks off debate on a stronger, fairer European Sport Model

The debate on the future of the European Sport Model (ESM) entered a decisive phase this month with the publication of the draft report by the European Parliament’s Committee on Culture and Education (CULT). Authored by rapporteur Bogdan Andrzej Zdrojewski (EPP, PL), the text will serve as Parliament’s formal position before the European Commission prepares […]

June 6, 2025
Empowering future sport leaders in Papendal

This week, the EOC EU Office joined forces with its partner organisations engaged at the joint NILE (Nordic International Leadership Education), LEAP (International LEAdership Programme of the German Olympic Sports Confederation - DOSB), and International Leadership Course of the Belgian Olympic and Interfederal Committee - BOIC workshop in Papendal, Netherlands. Bringing together emerging leaders from […]

June 6, 2025
SAFE HARBOUR showcased at Olympism365 Summit in Lausanne

From 3–5 June, the EOC EU Office took part in the Olympism365 Summit: Sport for a Better World, held in Lausanne. Bringing together leaders from the Olympic Movement, UN agencies, civil society and the private sector, the event focused on advancing the Sustainable Development Goals through sport, along with the theme of safeguarding in sport. […]

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