SUPERLEGA CASE: THE IMPACT OF THE RULE OF EUROPEAN LAW ON THE WORLD OF FOOTBALL

The recent ruling of the Court of Justice of the European Union (C-333/21) has raised crucial questions regarding the right to competition and the freedom to provide services in the world of European football. In particular, the ruling focused on UEFA and FIFA, highlighting the power that these federation bodies can exercise. While many of us remember the well-known case of the Super League, the ruling did not pronounce a direct judgment on the latter but focused mostly on the principles that found the European market. Briefly reviewing the steps of the story, when the Super League was proposed, UEFA and FIFA strongly opposed it, threatening major sanctions. The “rebel” clubs thus decided to take legal action before the Commercial Court of Madrid, claiming that the rules on the approval of competitions and the exploitation of media rights violated European Union law. The Spanish judge therefore asked for the intervention of the EU Court of Justice. The Judges of Luxembourg expressed their opinion through ruling C-333/21, through which it was established that the organization of football competitions by UEFA and FIFA and the exploitation of media rights clearly constitute “economic activities” subject – as such – to the rules of competition and freedom of movement. For this reason, the Court of Justice recognized that the practices implemented by UEFA and FIFA represent real abuses of a dominant position, with potential damage to clubs, media companies and consumers. The story described, beyond the media hype, represents yet another episode in which the principle of the primacy of European law over national sources takes shape. In particular, the economic implications of this principle are once again highlighted, as, even in the football context, individual sports clubs orient their commercial decisions based on the perimeter dictated by European regulations. This reopens a crucial debate on the future of the European football industry, which will necessarily require in-depth reflection by all the actors involved, potentially having a significant impact on the sport most loved by Italians.