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ARTICLE · 21 FEBRUARY 2024

Brussels Regulatory Brief: Winter 2023-2024

K&L Gates
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On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling that the statutes adopted by FIFA and the Union of European Football Associations (UEFA)...

GlobalInternational Law
Mélanie Bruneau
Mélanie Bruneau
Francesco Carloni
Francesco Carloni
Giovanni Campi
Giovanni Campi
Nikolaos Peristerakis
Nikolaos Peristerakis
Antoine De Rohan Chabot
Antoine De Rohan Chabot
Michael Hofmann Dr.
Michael Hofmann Dr.
Petr Bartoš
Petr Bartoš

ANTITRUST AND COMPETITION

The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law

On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling that the statutes adopted by FIFA and the Union of European Football Associations (UEFA) (Statutes) are contrary to EU competition law.

In 2021, a group of 12 European football clubs announced their intention to set up a new football league – the European Super League (ESL). FIFA and UEFA objected to this initiative and threatened to impose sanctions on the clubs and players, including disqualification from participating in any tournament. The Statutes provide that third-party competitions such as international leagues and matches require prior approval by the two associations. Therefore, the 12 European football clubs brought an action against UEFA and FIFA before the Commercial Court in Madrid on the allegation that the Statutes infringe EU

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