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

European Commission’s 7th Expert Group meeting on Covid-19 Sport recovery addresses impact of pandemic on sport and challenges ahead

On 23 March, the European Commission hosted the 7th meeting of the Expert Group on Covid-19 Sport recovery. The meeting gathered representatives of Member States and sports organisations who discussed the multifaceted long-term impacts of the Covid-19 crisis on sport. First, Floor Van Houdt, Head of the Sport Unit of the European Commission informed the […]

Read More
Sport organisations, Member States and European Commission gather for the 8th Expert Group on Green Sport

On 24 March, the 8th Meeting of the European Commission Expert Group on Green Sport took place in Brussels and online. The main aim of the meeting, which brought together Member States and sport organisations’ experts, was to review the structure of the forthcoming Expert Group Recommendations on a Framework for Sustainable Sport in Europe […]

Read More
European Commission launches #BeActive Awards 2023 competition

On 16 March, the European Commission opened the submission for the #BeActive Awards 2023. The #BeActive Awards 2023 are designed to celebrate organisations and projects that have thrivingly promoted sport and physical activity throughout Europe. The #BeActive Awards 2023  includes four categories: Across Generations award: this award, first launched in 2022, is intended to honour […]

Read More

Related Posts

March 27, 2023
European Commission’s 7th Expert Group meeting on Covid-19 Sport recovery addresses impact of pandemic on sport and challenges ahead

On 23 March, the European Commission hosted the 7th meeting of the Expert Group on Covid-19 Sport recovery. The meeting gathered representatives of Member States and sports organisations who discussed the multifaceted long-term impacts of the Covid-19 crisis on sport. First, Floor Van Houdt, Head of the Sport Unit of the European Commission informed the […]

March 27, 2023
Sport organisations, Member States and European Commission gather for the 8th Expert Group on Green Sport

On 24 March, the 8th Meeting of the European Commission Expert Group on Green Sport took place in Brussels and online. The main aim of the meeting, which brought together Member States and sport organisations’ experts, was to review the structure of the forthcoming Expert Group Recommendations on a Framework for Sustainable Sport in Europe […]

March 17, 2023
European Commission launches #BeActive Awards 2023 competition

On 16 March, the European Commission opened the submission for the #BeActive Awards 2023. The #BeActive Awards 2023 are designed to celebrate organisations and projects that have thrivingly promoted sport and physical activity throughout Europe. The #BeActive Awards 2023  includes four categories: Across Generations award: this award, first launched in 2022, is intended to honour […]

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