LUXEMBOURG FOOTBALL CLUB FILES COMPLAINT AGAINST OWN FEDERATION AND UEFA IN TOP EU COURT

LUXEMBOURG FOOTBALL CLUB FILES COMPLAINT AGAINST OWN FEDERATION AND UEFA IN TOP EU COURT

On 21 June, a Luxembourg based football club, FC Swift Hesperange, filed a request for preliminary ruling from the CJEU via a local court in Luxembourg.  

The request claims that certain UEFA statutes and those of Luxembourg Football Federation (FLF), contravene EU laws as contained in the treaties such as the fundamental rights to free movement and free competition. Against this backdrop, the Football Club asked for a preliminary ruling – via a local Luxembourg court – in which it seeks for an interpretation of EU law to UEFA and FLF rules and statutes. 

In particular, the questions on EU law applicability on alleged UEFA and FLF monopolistic rules is informed by the following:  

  • UEFA and FLF rules that restrict transnational competitions overseen by clubs. The plaintiffs subsequently question the legality of this rule, which they deem as a restriction of competition (Article 101) and as an abuse of a dominant position (Article 102 TFEU) as well as creating unjustified obstacles to the freedom to provide services (Article 56 TFEU). 
  • UEFA and FLF rules placing quotas for “home grown” or “locally trained” players both at European level and in Luxembourg respectively. Subsequently, the justification of these rules is questioned under Article 101 TFEU on free competition and Article 45 on free movement of workers. 
  • FLF rules prohibiting players returning to Luxembourg from signing up with all potential employers, save for the one who was the employer before the worker concerned exercised his right to free movement by leaving Luxembourg and signing up with an employer in another Member State. This rule is subsequently questioned in regard to Article 45 TFEU, guaranteeing free movement of players. 
  • FLF statutes prohibiting clubs from forming commercial companies. Subsequently, this is questioned in the light of Article 63 TFEU in which the movement of capital is guaranteed and also in the light of Article 101 TFEU by which restriction of investments is prohibited. 

As such, the EOC EU Office will keep you informed on whether the CJEU proceeds to accept the request for a preliminary ruling given that the case carries connotations and overtones that are consistent with the European Super League case currently being dealt with.

Recent Posts

Building bridges: German sport meets EU priorities

This week the EOC EU Office hosted the 35th Gemeinschaftstagung Internationales, bringing to Brussels a dynamic delegation from Germany’s Landessportbünde, Landessportjugenden, the DOSB and the dsj. Over two productive days, delegates swapped insights on their European and global project pipelines, compared strategies for international engagement and took a deep dive into the fast-evolving EU sport-policy […]

Read More
EU Budget 2028-2034: time to widely spread our demands to policymakers!

The EOC EU Office is coordinating an advocacy initiative to ensure that organised sport is represented in the EU’s next Multiannual Financial Framework (MFF) 2028–2034. Backed by 48 National Olympic Committees, the IOC, the European Paralympic Committee, ASOIF, and most of its partner international and European federations, the joint position paper outlining our recommendations was […]

Read More
Monthly Report Highlight - Explanatory Guide to the Microplastics Regulation: Updates for the Sport Sector

On 31 March 2025, the European Commission published an Explanatory Guide complementing the 2023 Regulation on synthetic polymer microparticles (SPM), amending Annex XVII of the REACH Regulation, widely known as the “Microplastics Regulation”.  As a reminder, the 2023 Regulation directly impacted the sport sector by introducing a ban on the placing on the market of […]

Read More

Related Posts

May 23, 2025
Building bridges: German sport meets EU priorities

This week the EOC EU Office hosted the 35th Gemeinschaftstagung Internationales, bringing to Brussels a dynamic delegation from Germany’s Landessportbünde, Landessportjugenden, the DOSB and the dsj. Over two productive days, delegates swapped insights on their European and global project pipelines, compared strategies for international engagement and took a deep dive into the fast-evolving EU sport-policy […]

May 23, 2025
EU Budget 2028-2034: time to widely spread our demands to policymakers!

The EOC EU Office is coordinating an advocacy initiative to ensure that organised sport is represented in the EU’s next Multiannual Financial Framework (MFF) 2028–2034. Backed by 48 National Olympic Committees, the IOC, the European Paralympic Committee, ASOIF, and most of its partner international and European federations, the joint position paper outlining our recommendations was […]

May 19, 2025
Monthly Report Highlight - Explanatory Guide to the Microplastics Regulation: Updates for the Sport Sector

On 31 March 2025, the European Commission published an Explanatory Guide complementing the 2023 Regulation on synthetic polymer microparticles (SPM), amending Annex XVII of the REACH Regulation, widely known as the “Microplastics Regulation”.  As a reminder, the 2023 Regulation directly impacted the sport sector by introducing a ban on the placing on the market of […]

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