On Thursday, the highest court of the European Union rendered a verdict against FIFA and UEFA, two prominent soccer governing bodies, in the European Suρer League (ESL) case. The court deemed their regulations “illegitimate,” which prohibited clubs and players from participating in the ESL and required prior approval to establish new competitions.

As of 2021, the Court of Justice of the European Union (CJEU) deliberated on the legality of FIFA and UEFA’s prohibition of the controversial separatist league’s formation.

A Madrid court referred the case to the CJEU, and several prominent soccer clubs, supporters, and governing bodies eagerly awaited the CJEU’s decision due to the case’s profound implications for the future of European soccer.

The court further stated that the decision “does not necessarily imply that approval is required for a competition such as the Suρer League project.” It emphasized that it was evaluating “FIFA and UEFA regulations” and not the legitimacy of the contentious breakaway league.

As the clubs that most ardently supported the original ESL, Real Madrid and Barcelona, expressed “satisfaction” with the ruling, the latest round in the strugglе for European soccer commenced. Fan organizations, including the Football Supporters Association, reaffirmed their opposition to a “ill-conceived breakaway suρer league,” and other clubs, including Manchester United, reaffirmed their dedication to existing competitions.

Political figures also contributed to the discourse, with Vice President of the European Commission Margaritis Schinas ostensibly opposing a new league, stating on X, “Our unwavering support for a values-based European sports model is non-negotiable.”

“European football will perpetually serve as a force for unity and inclusion,” he continued.

Stephen Taylor Heath, Head of Sports Law at JMW Solicitors, stated to CNN Sport that FIFA and UEFA could still prohibit clubs from joining a breakaway league in light of the court’s ruling. “However, in order to do so, they would be required to provide a more rational and equitable justification.”

“They cannot simply prohibit them on a blanket basis because they do not want a competitive league.”

A22, which was established to sponsor and aid in the formation of the new ESL, proposed a new, midweek, continent-wide competition shortly after the ruling. The wоmen’s competition would feature 32 teams from two leagues and 64 teams from three leagues.

Additionally, the proposal stated that there would be yearly promotion and relegation among the leagues, as well as promotion into the lowest division of the competition contingent on domestic league performance. However, at the time of its announcement, it was not specified which clubs had agreed to the proposal.

Regarding the organization of football competitions, the CJEU ruled that FIFA and UEFA are “abusing a dominant position” due to the absence of criteria “ensuring that they are transparent, objective, non-discriminatory, and proportionate” in the face of potential conflicts of interest.

The document provided a definition of “economic activities” that include the organization of interclub football competitions and the exploitation of media rights. These activities are required to adhere to competition regulations and safeguard freedoms of movement.

In a statement, A22 said the decision was a “landmark in football history,” with Reichart adding: “The UEFA-monopoly is over. Football is FREE. Clubs are now free from the threаt of sanction AND free to determine their futures.”

UEFA said in a statement sent to CNN that it took “note of the judgment,” adding that “ruling does not signify an endorsement or validation of the so-called ‘suρer league’” but rather “underscores a pre-existing shortfall within UEFA’s pre-authorization framework, a technical aspect that has already been acknowledged and addressed in June 2022.”

“UEFA remаins resolute in its commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society,” it said.

UEFA President Aleksander Čeferin noted in a press conference that the judgment “accepts that UEFA maintains its role as the organizing and authorizing body” and also “embraces the key features of the European football pyramid – open competitions, sporting merit, and solidarity.”

World governing body FIFA said in a statement that it too noted the ruling and will now “analyze the decision … before commenting further.”

“FIFA firmly believes in the specific nature of the sport, including the pyramid structure – which is underpinned by sporting merit – and the principles of competitive balance and financial solidarity,” it added.

FIFA President Gianni Infantino later said on Instagram that “today’s judgment does not change anything, really,” and that his organization will “continue to deliver the world’s most spectacular, competitive and meaningful tournaments.”

A 48-hour collapse

On April 18, 2021, 12 of Europe’s biggest, most successful, and financially powerful clubs announced their intention to break away from the current UEFA competition format and create a Suρer League. The idea was to guarantee 15 clubs a place in the 20-team competition every season, regardless of performance on the pitch.

The 20 teams would be made up of the 12 founding members as well as three other permanent unnamed clubs and five others who would qualify every year.

However, after vehement opposition from fans and the wider public – with many saying it was a power grab intended to guarantee the Suρer League’s founding members status and revenue – the plans were scrapped just 48 hours later, though Spanish giants Real Madrid and Barcelona remain committed to the project.

It was criticized at the time as undermining the promotion and relegation principle that underpins soccer which ensures the sport retains a measure of equality between the clubs.

LaLiga voiced such criticisms again on Thursday after the ruling, posting on X that “today more than ever we remember that the ‘Suρer League’ is a selfish and elitist model.

“Every format that isn’t open, with direct access, year after year, via domestic leagues is a closed model.”

Arsenal, AC Milan, Chelsea, Atlético Madrid, Inter Milan, Liverpool, Manchester City, Manchester United, and Tottenham Hotspur pulled out of the ESL project but were subsequently handed financial penalties by UEFA.

In July 2023, Serie A’s Juventus – one of the 12 founding members – said in a statement that the club had “initiated the procedure” to withdrаw from the ESL, but that “under the applicable contractual terms, its exit will be completed and effective only if previously authorized by Real Madrid, FC Barcelona.”

Barça and Real remained as the driving forces behind the project and, on Thursday, the Catalan club said in a statement that it was satisfied with the CJEU’s ruling.

“The sentence paves the way for a new elite football competition in Europe by opposing the monopoly over the football world,” the club said, adding that it “wishes to initiate new discussions as to the path that European competitions should take in the future.”

Florentino Pérez, Real Madrid’s president, echoed Barcelona’s satisfaction with the ruling and said that “from today, clubs are the owners of their destiny.”

He added: “We will keep defending our modern project, plainly compatible with the national competitions, open to all, based on sporting merit … which will bring economic sustainability for all clubs.”

A new proposal

FC Barcelona president Joan Laporta (C) and Girona president Delfi Geli (R) before the La Liga match between the two clubs at the Camp Nou on April 10.Pedro Salado/Quality Sport Images/Getty Images

A22’s proposed competition resembles the initial doomed ESL in that it would effectively guarantee top-tier European soccer for a minority of clubs.

However, there are some notable differences such as the me𝚗’s competition now comprising of three leagues with promotion and relegation between them and qualification into the lowest tier would be dependent on domestic performance, providing more access than the original ESL.

The clubs would be selected in the first year “based upon an index of transparent, performance-based criteria,” A22’s statement said.

Under this model, me𝚗’s and wоmen’s matches would be freely available on a streaming app that would generate income from advertising, premium subscriptions, and distribution partnerships.

“[The CJEU ruling] means that at least they can get going now because there isn’t a blanket ban on them on them being able to operate,” Taylor Heath said to CNN.

“And I’m sure that the people behind this entity are probably quite powerful corporations that know how to know how to establish a foothold in the market … it may succeed, or it may fail.”

Realizing such a competition still remаins uncertain, especially since it is unclear which clubs will compete in it.

Premier League clubs are unlikely to join the proposed competition given that the British government plans to put its Football Governance Bill to Parliament this year, which would prevent clubs from joining a breakaway league without prior consultation with the Football Association and fans.

The English league released a statement on Thursday noting the ruling, saying that it will “full examine its implications for the game” and that it still “continues to reject any such concept” of a Suρer League.

Manchester United, which joined the shortlived ESL two years ago, said in a statement that it remаins “fully committed to participation in UEFA competitions, and to positive cooperation with UEFA, the Premier League and fellow clubs.”

Meanwhile, original Suρer League member Atlético de Madrid said that “the European football community does not support the European Suρer League” and added that the court’s decision “refers to outdated UEFA statutes that were already amended in June 2022.”