European Super League Company and the (new) law of European football

<p>In&nbsp;<em>European Super League Company</em>&nbsp;(<em>ESLC</em>), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA&rsquo;s prior approval scheme for the creation of, and participation in, breakaway football competit...

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Bibliographic Details
Main Author: Íñiguez, G
Format: Journal article
Language:English
Published: European Papers 2024
Description
Summary:<p>In&nbsp;<em>European Super League Company</em>&nbsp;(<em>ESLC</em>), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA&rsquo;s prior approval scheme for the creation of, and participation in, breakaway football competitions. The Court&rsquo;s judgment is lengthy and nuanced, and touches on many of the issues which have characterised the ever-growing interaction between EU law and sport. The Court of Justice holds that the lack of a clear, transparent framework for the prior approval of breakaway constitutes a violation of arts 56, 101 and 102 TFEU, but provides indications about how such practices could be justified. Other aspects of the FIFA-UEFA regulatory ecosystem &ndash; for example, the framework for the joint sale of broadcasting rights &ndash; are found to be justifiable under EU law. The judgment also provides clarifications about how sport-related considerations can feed into the analysis of the TFEU&rsquo;s competition and free movement provisions.</p>