A month ago, a hearing was held at the European Court of Justice ahead of the ruling that will affect the future of football. Among the clubs that launched the project with the European Premier League, Real Madrid, Barcelona and Juventus remained, which are heading to the European Union to lift the monopoly of UEFA and FIFA.
To defend their position, they had nine researchers, professors, and legal experts write a discussion article that was published in several major European newspapers (Belgian Le Soir, Spanish El País, Italian La Repubblica). Sportbladet publishes the debate article here, to give a picture of how the top clubs are defending their cause.
Held on 11 and 12 July 2022 European UnionThe court has two crucial hearings for the future regarding how sport is run in Europe.
On the one hand, representatives have been heard in the case within the International Skating Union (ISU): two skaters were banned from participating in a competition organized outside the ISU umbrella. Had they participated, both skaters would have been banned, possibly for life, from ISU competitions and would not have been able to appeal the decision to the Court of Arbitration for Sport (Cas) in Switzerland, which would put the international sports federations in breach. of European Union law.
The European Court of Justice also reviewed the case regarding the “European Premier League” (ESL) to answer the following questions: Based on the fact that EU laws guarantee free competition, what could justify this UEFA And the FIFA, the private bodies located in Switzerland, have the right to an absolute monopoly on all international competitions, and to impose severe penalties on those who dare propose new forms of competition? Why should this kind of behavior be allowed in football, when it would be illegal in all other sectors?
As supporters of European football, we are committed to ensuring the sustainability of the sport, but above all as citizens of UEFA we want to highlight the facts surrounding this issue.
Obsession with UEFA
CJEU was not asked to judge the suitability of the competition format initially proposed by ESL. And let us remind you: this format was just a starting point, to be discussed with UEFA and then developed. The aggressiveness of the EU’s response, including disciplinary action against three clubs, reflects the EU’s obsession with maintaining its monopoly and making any further discussion impossible.
Monopolies are not welcome in the EU and are generally bad for the economy. Sport is considered a special area within the EU treaty, but EU lawmakers haven’t really defined what this exception means. He created a void, which has now been filled – in a self-proclaimed way – by UEFA and FIFA, which mix, among other things, amateur and grassroots football and European football.
The current system lacks transparency and is based on actors outside the EU in Switzerland. This means that the European Union is not taking advantage of the potential of football. The financial weight of the sport is equivalent to 2% of the EU’s GDP and 3% of employment. Delegating the management of our largest sporting events to organizations outside the European Union means that we give up control of the financial profits generated by the events.
In addition, football is a powerful catalyst for European identity. Born and developed in Europe, it is a powerful driving force for both physical and virtual synergy across the continent, as well as – increasingly – a delightful and globally attractive export commodity. Football is seen as a tool for European integration and as an engine for spreading principles and values (fair play, anti-racism, equality and respect for opponents) within Europe and beyond. This is why the ruling of the European Court of Justice is so important for our continent.
Trying to change the status quo
Three old European clubs are now trying to change the status quo, two are owned by members (who are EU citizens), and the third has been run by the same family for a century, which is a unique case in Europe. Together they have hundreds of millions of supporters in Europe and the world.
Although UEFA has attempted to portray English as a second language as a selfish project where “the rich want to get richer”, this is in fact a battle to ensure a different future for football, and indeed all sport, is possible and democratically discussed.
After the European Court of Justice hearing, the Solicitor General will give his opinion on December 15, which will be followed by a court decision in 2023. We assume that the Supreme Court of the European Union will declare the self-evident: the law is equal for all, and it prevents a private organization from combining the role of owner and economic operator of an arbitrary endowment for any initiative on the grounds that it threatens its monopoly.
The ECJ decision in this case is a unique opportunity for the EU internal market and, as a consequence, for EU citizens. It could also be a turning point for billions of football fans around the world.
Occurred:
- Paolo BertinettiProfessor Emeritus, University of Turin.
- Jose Ignacio Conde RuizProfessor, Complutense University, Madrid.
- John Joseph JanuzhaProfessor, Pompeu Fabra University, Barcelona.
- Gimede GiantProfessor, Bocconi-universitet, Milan.
- Juan Francisco JimenoProfessor, Alcalás University, Madrid.
- Jeronimo Mailo Gonzalez UrosProfessor, CEU San Pablo-universitetet, Madrid.
- Valerio ManciniProfessor, Rome School of Economics.
- Alessio PostiglioneProfessor, Italian Association of International Organizations, Rom.
- Robert Valena HostA lawyer specializing in competition law.