Superleague, sensational turning point: “UEFA and FIFA cannot hinder the competition”

The Commercial Court of Madrid accepts the appeal of A22Sports, it is possible to create an independent and alternative competition to those of the European and international organization

Sensational turning point for the fate of Super League from Madrid. The Commercial Court of the Spanish capital has in fact accepted the appeal of A22Sports, the Superlega can exist and the clubs that are still part of it (Juventus, Real Madrid and Barcelona) cannot be sanctioned by the UEFA and from FIFA “otherwise, the substantive principle that informs competition law would be postponed”. In essence, therefore, it is possible to create an independent and alternative competition to those of the current organization because, as the three magistrates of the court write in the papers to which As had access, “FIFA and UEFA cannot justify their anti-competitive behavior as if they were the sole custodians of certain European values, especially if this is to serve as an excuse to support a monopoly from which to exclude or hinder the initiative of what aspires to be its competitor, the Super League”.

“In the light of the indications that have been made available to us – reads the sentence – the behavior of the defendants does not seem justifiable to protect the general interests of European football, but that of Italy. What we perceive is an action which has all the hallmarks of an unjustifiable abuse by someone holding a dominant position”.

“Furthermore – add the judges casting shadows on UEFA’s presumed ability to support itself with the economic distribution generated by its competitions – we cannot assume in this precautionary procedure that the profit distribution mechanism used by FIFA and UEFA, which is not endorsed or controlled by an independent public regulator, necessarily constitutes the best possible for the general interests of sport”.

The judgment therefore orders FIFA and UEFA to refrain from adopting any measure or action and from issuing any statement (…) which impedes or hinders, directly or indirectly, the preparation or development of the Superleague and also prohibits football institutions to announce or threaten any disciplinary or sanctioning measures against the clubs, directors and people of the clubs and/or players participating in the preparation of the Superleague.

The ruling “recognizes the fundamental importance of the procedure pending before the European Court of Justice (Cguea)”. This is UEFA’s comment on today’s ruling by the Provincial Court of Madrid, according to which neither the governing body of European football nor FIFA can prevent competition from the Super League. “Following the unequivocal conclusions of the CJEU Advocate General’s support for UEFA’s central mission to govern European football, UEFA is now awaiting the CJEU’s ruling, which will be notified to the Commercial Court of Madrid so that can be applied in the main proceedings”.

“I would wait for March, in a couple of months there will be the decision of the European Union which seems to me to be quite oriented. The Madrid sentence leaves the time it finds because it concerns the Spanish territory. We will see what happens at European level”. This was stated by Gabriele Gravina, president of the FIGC, commenting on the sentence pronounced by the provincial court of Madrid in favor of the Superlega, accepting the appeal against the Mercantile Court number 17 and rejecting the opposition of UEFA.

“The Court of Madrid (Audiencia Provincial), with an order notified today to A22 Sports Management, has agreed to reinstate the injunction issued in April 2021 aimed at protecting Superlega, its clubs and other potential participants from threats and other actions by UEFA and FIFA, designed to impede or hinder the plans for the new tournament.”

Bernd ReichartCEO of A22 Sports Management, said: “We welcome the fact that this court decision allows A22 to freely move forward with the project to create an exciting new European football competition. It confirms that UEFA’s monopoly position it cannot be used to pressure or threaten clubs, players or companies eager to innovate and reinvigorate competition in professional football.We will therefore continue our dialogue with football stakeholders in a new and more appropriate environment, free from threats and other obstructive steps taken by UEFA and other bodies.”

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Superleague, sensational turning point: “UEFA and FIFA cannot hinder the competition”

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