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Sport Super League: the judicial battle undertakes before the EU's Court of Justice

20:20  13 may  2021
20:20  13 may  2021 Source:   sport24.lefigaro.fr

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  Super Ligue: la bataille judiciaire s'engage devant la Cour de justice de l'UE © Panoramic

after the communication fight, place in the judicial battle: the European Court of Justice (CJEU) will have to decide whether the UEFA abuses its dominant position by opposing the Super League project, a championship almost closed, carried by several major European clubs. The battle on the foundation expected since the end of January on the compatibility of the monopoly of sports bodies with the European competition law will finally open up in Luxembourg, where the cjue has just been seized by a Spanish judge.

Despite the rapid withdrawal of nine of the twelve initiators clubs of this project, which has shaken European football, Florentino Perez, the boss of Real Madrid and the Super League project, did not say his last word: d After a document that AFP was able to consult Thursday, a commercial court of Madrid sent a preliminary question to the CJEU. He wants him to tell him if FIFA and UEFA violated Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits monopolies.

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In his order, Manuel Ruiz De Lara J. asks European justice if the threats of brandished penalties by FIFA and UEFA to the members of the Super League could "enter into the framework" of the few exceptions enacted in these articles . The judge notes, however, that the opposition to this closed championship hinders "the potential competition of the market" and limits "the choice of the consumer".

of the field to the courts?

As a precaution, this same Spanish magistrate had already prohibited last April 20 to the UEFA to order sanctions to the participating clubs at the European Super League, as well as to take any extent that may prevent the preparation and The creation of the latter, pending a decision at the bottom.

"The judgment will have a big impact on the conceptual clarification and the future approval of alternative leagues. It will confirm (or not) that UEFA has the right to regulate access to the organizational market by opposing restrictions in the public interest, "said Wednesday on Twitter Katarina Pijetlovic, researcher in sports law at the University Manchester and specialized leagues closed.

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The question is crucial for the regulation of continental sport, far beyond football, since it will oppose the defense of the monopoly of the bodies and the pretension of private actors to create their own competitions. It could also lead to political terrain since France and England had made their opposition known to the Super League. London has even promised to exclude "no measure" to stop such a project, "including the legislative option".

UEFA launches hostilities

Wednesday, UEFA had launched hostilities by engaging disciplinary proceedings against Real Madrid, FC Barcelona and Juventus Turin, the last three mutineers of the Super European League project, competitors of the League Champions. Among the range of sanctions provided for by the UEFA statutes, the heaviest for clubs are "the exclusion of ongoing competitions and / or future competitions" and, for the leaders, "the prohibition of any activity on football ".

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Friday, UEFA had already negotiated light financial penalties with the nine clubs of the twelve initial members who had given up, and had reintegrated them in his lap. Yet, by seizing European justice, the Spanish J. recalled that Article 101 of the TFEU prohibits the practices "which relate to or the effect of preventing, referencing or falsifying the game of competition in a market" even if there are exceptions.

announcing on the night of April 18 to 19 their own "Super League" private, on the eve of a very awaited reform of the Champions League, its twelve promoters have tightened European football and threatened the very existence of the UEFA. The gradual withdrawal of the six English participants, after 48 hours, resulted in the dormant of the project, and nine of the mutinas made the Honorable to the UEFA by accepting Friday to pay together 15 million euros and to give up At 5% of their European Manna for a season.

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