Before the ECJ ruling: what's important in the Super League dispute

Sports policy - Before the ECJ ruling: what's important in the Super League dispute

The future of European club soccer will be decided in court. At least that's how dramatically both sides in the Super League dispute, which has been going on for over two years, are presenting it. The European Court of Justice (ECJ) will have to arbitrate.

This Thursday (9.30 a.m.), the ruling in case C333/21 is to be announced, which will neither abruptly end the Champions League nor immediately introduce a competing product - but will send a clear signal as to who is allowed to decide on the matches of the top clubs around FC Bayern, Real Madrid and Manchester City and how.

What is the dispute over the Super League about?

Two and a half years ago, twelve top European clubs tried out the big revolution. The clubs around Real Madrid, FC Barcelona and Juventus Turin announced their intention to establish a Super League to compete with the established Champions League. There was a huge outcry from leagues, fans and politicians. UEFA threatened to exclude players from all competitions, and players involved were no longer allowed to take part in World and European Championships. The English teams, among others, quickly withdrew, and the Super League was off the table - for the time being. But Real and Barcelona in particular did not let up. German RTL manager Bernd Reichart represents the project for the A22 agency and is lobbying clubs on a European tour.

Why is the European Court of Justice making a ruling?

Among other things, the ECJ must decide whether UEFA and FIFA are acting as a cartel and abusing their dominant position on the market for soccer competitions. The Superleague Company is making this accusation because the soccer associations have threatened to impose sanctions if the league is founded. In addition to the cartel allegation, the case also touches on other issues of European law, such as compatibility with fundamental freedoms such as the free movement of workers or the freedom of establishment.

What is the significance of the Advocate General's opinion?

The Opinion of the Advocate General is an opinion in which the Advocate General examines the legal issues and gives his opinion. The judges often follow the opinion, but not always. In the case of the Super League, the Advocate General backed UEFA in his opinion almost a year ago. He was of the opinion that the Super League could start its own league, but would then no longer be allowed to participate in FIFA or UEFA competitions without their permission. This could be an indication that the judges will make a similar decision. However, they could also rule in a completely different way, as the opinions are not legally binding.

What happens legally after the ruling?

In principle, the ECJ will initially only interpret the questions of European law. The national court that referred the case to the ECJ then decides on the specific case. In the Super League case, the case was referred to a court in Madrid, which asked the ECJ to interpret EU law for the proceedings. The Spanish judges must follow the ECJ's guidelines.

What is the position of UEFA and the German clubs?

UEFA President Aleksander Ceferin introduces practically every statement about the dispute disparagingly with the term "the so-called Super League" and has already announced several times that the construct is "dead". The governing body condemns any attempt to organize club competitions outside its own borders and sees itself as the only organization responsible for soccer in Europe. The German clubs were not among the initiators of the first attempt, which failed in April 2021, and have clearly stood by UEFA ever since. Karl-Heinz Rummenigge (for the club association ECA) and Hans-Joachim Watzke, two of the most influential executives in German soccer, sit on its Executive Committee.

How should a Super League be structured?

Originally, the concept of the Super League envisaged predominantly permanent participants, but there will no longer be permanent members. The most recent model envisaged several divisions offering space for 60 to 80 teams, guaranteeing at least 14 European appearances in a league system with promotion and relegation. The basic principle is that access to all European revenue should not be directly at stake in the event of a poor season.

What does the future of the Champions League look like?

UEFA's competitions will be completely reformed from next season onwards. The group stage that has existed for decades will be abolished and the preliminary round will be played with 36 clubs (instead of the previous 32) in a league system with eight matches each against eight different opponents. The top eight qualify directly for the knockout round, while the other 16 teams up to 24th place play in play-offs to reach the round of 16. A total of 64 additional matches will be played. UEFA expects a considerable increase in revenue - the Super League organizers, on the other hand, see disadvantages: There would be even more insignificant matches, criticizes Reichart. "It would be smarter to concentrate on building a better competition in which there are more exciting and decisive matches from the first to the last match day."

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1. The dispute over the Super League also attracted the attention of FIFA, as they view the formation of such a league as a challenge to their sports policy.
2. Juventus Turin, a prominent member of the Super League proposal, has strongly advocated for its establishment, despite the backlash from UEFA and other soccer associations.
3. The ECJ ruling could have significant implications for Real Madrid, one of the main proponents of the Super League, and their participation in future FIFA and UEFA competitions.
4. In Luxembourg, where UEFA is headquartered, President Aleksander Ceferin has been vocal in his opposition to the Super League, viewing it as a threat to European soccer's established structures.
5. The Super League's business model relies on tournaments that feature prominent clubs like Manchester City, Barcelona, and FC Bayern, making them key players in its future success.
6. The future of international soccer competitions like the Champions League and the European Cup may be shaped by the outcome of the ECJ ruling, which could lead to significant changes in processes and regulations.
7. RTL, a leading European media company, has been instrumental in promoting the Super League, with Bernd Reichart serving as a lobbyist for the project's organizers.
8. The German government has expressed concerns about the Super League's potential impact on soccer in Germany, which boasts strong clubs in Bundesliga and UEFA competitions.
9. Germany, being an influential country in European soccer, has the power to influence the ECJ's ruling and potentially determine the fate of the Super League.
10. The Super League organizers have argued that UEFA and FIFA are abusing their dominant position to maintain control over the European soccer market, a point that will be central to the ECJ's ruling.
11. In an effort to separate itself from UEFA's purview, the Super League has proposed restructuring the competition to include multiple divisions, with promotion and relegation opportunities for more teams.
12. The pro-Super League faction believes that the current Champions League group stage format, which has been in place for decades, results in numerous insignificant matches, which they seek to address in a new competition structure.

Source: www.stern.de