The impact and changes affecting all National and International Federations in the European Union
SportsIn
July 3, 2024

In December 2023, the Court of Justice of the European Union (CJEU) issued a landmark judgment in the European Football Super League case, which has significant implications for sports federations at the national and international level. This judgment addresses the application of the rules relating to free competition and fundamental freedoms of the Treaty on European Union (TEU) to international sports federations. During 2024, many of the national and international federations will be subject to elections, so potential instability and the desire for change could alter the paradigm of sport in the EU and some entity could decide to organize an attractive competition without the approval of a federation.

The European Super League case arose when several soccer clubs – most notably Real Madrid, FC Barcelona and Juventus – attempted to create an independent European league, which provoked a strong reaction from UEFA and FIFA, who threatened sanctions for the clubs and players involved. The clubs argued that these threats violated the rules of free competition and the fundamental freedoms set out in the EU treaties.

The CJEU ruling effectively established that international sports federations, such as UEFA and FIFA, must comply with EU free competition rules. The court recognized that the activities of sports federations, including the organization and regulation of competitions, may affect trade between Member States and are subject to the provisions of the Treaty on the Functioning of the European Union (TFEU).

Florentino Pérez and Joan Laporta, presidents of Madrid and Barcelona. (R. Albarrán/SOPA/Shutterstock)

The CJEU concluded that the measures taken by UEFA and FIFA to ban the European Super League and to sanction participating clubs and players were incompatible with EU free competition rules, unless they could be justified as necessary and proportionate for the organization and proper functioning of the sport.

On this point, the case law created by the CJEU has triggered some actions to be taken or that could be taken, both at the level of international and national federations.

INTERNATIONAL FEDERATIONS

  • Increased legal oversight: international sports federations must now have greater legal oversight and must ensure that their regulations and decisions comply with EU free competition rules. This could mean a review of existing policies and practices to avoid infringements.
  • Restrictions on competition regulation: the ability of federations to regulate and sanction independent competitions would be limited. Federations will have to justify that their actions are necessary to protect the integrity of the sport, the fairness of competitions and the interests of fans.
  • Potential for the creation of new competitions: opens the door to the creation of new independent competitions, as the restrictions imposed by traditional federations are subject to more rigorous scrutiny. This could significantly change the sporting landscape.

NATIONAL FEDERATIONS

  • Adaptation of regulations: they will need to adapt their regulations and procedures to align with the CJEU ruling. This includes ensuring that national regulations do not infringe free competition rules.
  • Decentralization and diversification: there could be a trend towards decentralization and diversification of sports competitions, with more entities seeking to organize independent events without the strict control of national federations.
  • Boosting innovation: national federations may need to improve their offerings to keep clubs and athletes under their umbrella. This could lead to improvements in the organization of competitions, greater transparency and better conditions for participants.

The CJEU ruling in the Super League case represents a significant change in the relationship between sports federations and EU free competition rules. Federations, both national and international, will have to review and – possibly – reform their policies and practices to comply with this new legal reality. This ruling is intended to ensure greater fairness and competition in sport and the development of new opportunities in the sporting arena, as well as forcing changes to and compliance with the CJEU’s decision to all national sports laws and regulations in the EU.

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