European governance “is to football what the French Revolution is to tyranny”

The ruling by the Court of Justice of the European Union, which deemed the decision of FIFA and UEFA to ban athletes and clubs from participating in private competitions in violation of European legislation, known last Thursday, could have such a significant impact on football, Bosman ruled.

The opinion is that of Jiri Silva, judge at the Court of Arbitration for Sport, and this expert believes that this decision represents a new chapter in European football: “The ruling concerns football, like the Bosman ruling or the French Revolution, which was for the end of absolutism.”

Even taking into account the known funding surrounding the new Club World Cup (which will be held in 2025 and which is said to be able to provide a participation budget of €50 million per club) and even the reworking of the Champions League itself (with an upward review) for the prizes, this expert warns That clubs and SADs remain “stressful”: “Exhausted clubs/fans – Club World Cup candy is not enough – see light at the end of the tunnel.”

FIFA and UEFA abused their “dominant position”

Today, Thursday, the European Union Court of Justice considered the decision of the International Federation of Association Football (FIFA) and the European Football Association (UEFA) to prevent athletes and clubs from participating in private competitions in violation of European legislation. UEFA's top governing body has deemed that UEFA and FIFA have abused their “dominant position” in their move against the creation of the controversial Premier League.

This is a decision that is not subject to appeal and must be applied by the Spanish court hearing the case, in response to the complaint submitted in April 2022 by the companies that manage the sports project – A22 Sports Management and the European Super League. The Superliga project was started by 12 European clubs, leaving only Real Madrid, Barcelona and Juventus remaining.

What does the referee say?

Based on the information contained in this judgment of the European Court of Justice, Geir Silva states that the same “It unambiguously highlights the violation of a set of existing principles, the illegality of which FIFA and UEFA pursue are in conflict with the rules of competition, freedom of movement and freedom of association, on the basis of the abuse of dominant position which is a direct cause of the monopoly exercised. .

And in an “insightful” nature, in this expert’s opinion, ““It is declared that there are no transparent, objective, non-discriminatory and proportional rules on the part of FIFA and UEFA,” and that the commercial exploitation carried out in accordance with the rights related to competitions is “rotten.” To restrict competition, understood as the intended set of principles Ensuring and promoting the better distribution of resources, prices and quality of products and services, relevant not only for consumer citizens, but also for the media – exploiting audiovisual rights, among others – and viewers.

How long will the clubs resist?

On the day the decision was announced, the European Club Association, which represents around 500 professional football clubs from across Europe, confirmed its support for FIFA and UEFA in determining the competitive framework for world and European football.

“To be absolutely clear, the referee does not support or approve in any way any type of Superliga project,” he begins, referring to the statement of the entity representing the clubs.

“All stakeholders in European and world football – from confederations, federations, clubs, leagues, players and fans – are more united than ever against the attempts of a few individuals with personal agendas to undermine the fundamental foundations and principles of European football.” The association said in a statement.

However, for Jiri Silva, this position does not yet reflect what the consequences of the ruling could be, in the association’s opinion: He concluded: “Wait for the jump in revenues that may arise and we will see the vaunted unity and solidarity, especially since disciplinary penalties for clubs and players who participate in competitions not organized by FIFA and UEFA have become prohibited.”