One ruling could change European soccer forever

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) must settle the matter. This Thursday (9.30 a.m.), the ruling in case C333/21 is to be announced, which will neither abruptly stamp out the Champions League nor immediately put a competing product on track - 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 the creation of 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. The German Bernd Reichart, former RTL manager, 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.

Why could the ruling be so important?

Someone who is familiar with major ECJ rulings on European soccer is the Belgian lawyer Jean-Louis Dupont. He made history almost 30 years ago when he represented Jean-Marc Bosman in court. The ruling meant that professional footballers were able to move without a transfer fee at the end of their contract - and changed the entire job market. Dupont expects it to have a major impact this time too. "The ruling has the potential to be Bosman to the power of ten," he told Zeit Online. "This time it's not about regulating the labor market, but about the fundamental conditions under which competitions are allowed to take place on the soccer market," said Dupont.

What is the position of UEFA and the German clubs?

UEFA President Aleksander Čeferin 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 for a place in 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."

Read also:

The European Court of Justice (ECJ) is set to rule on a case that could potentially challenge the dominance of UEFA and FIFA in soccer competitions, specifically regarding the Super League dispute involving Real Madrid and FC Barcelona.
In the midst of the ongoing Champions League, Real Madrid and FC Barcelona are seeking the ECJ's decision, claiming that UEFA is acting as a cartel and abusing its dominant position, much like how these allegations were brought forth against soccer associations in past soccer-related court cases.
With the upcoming UEFA Champions League game between Real Madrid and Liverpool, soccer fans across Europe are eagerly awaiting the ECJ's ruling, as it could have significant implications for the future of club soccer, potentially opening up avenues for new competitions to emerge, such as the Super League, which could potentially rival the standard Champions League format.

Source: www.ntv.de