European Super League Company and the (new) law of European football

Journal article

In European Super League Company (ESLC), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA’s prior approval scheme for the creation of, and participation in, breakaway football competitions. The Court’s judgment is lengthy and nuanced, and touches on many of the issues which have characterised the ever-growing interaction between EU law and sport. The Court of Justice holds that the lack of a clear, transparent framework for the prior approval of breakaway constitutes a violation of arts 56, 101 and 102 TFEU, but provides indications about how such practices could be justified. Other aspects of the FIFA-UEFA regulatory ecosystem – for example, the framework for the joint sale of broadcasting rights – are found to be justifiable under EU law. The judgment also provides clarifications about how sport-related considerations can feed into the analysis of the TFEU’s competition and free movement provisions.

Authors: Íñiguez, G

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: European Papers
• Journal: European Papers
• Volume: 9
• Issue: 1
• Pages: 1-15
• Publication date: 2024-03-27
• Acceptance date: 2024-03-27
• DOI: 10.15166/2499-8249/738
• EISSN: 2499-8249
• Language: English
• Keywords: European sport model; sport law; EU law; free movement law; European Super League; competition law