Wyrok Trybunału (wielka izba) z dnia 21 grudnia 2023 r. UL i SA Royal Antwerp Football Club przeciwko Union royale belge des sociétés de football association ASBL., sygn. C-680/21

Provisional text

JUDGMENT OF THE COURT (Grand Chamber)

21 December 2023 (*)

Table of contents

I. Legal context

A. The UEFA Statutes

B. The UEFA and the URBSFA regulations concerning ‘home-grown players’

1. UEFA’s regulations

2. The URBSFA’s regulations

II. Facts in the main proceedings and the questions referred for a preliminary ruling

III. Admissibility

A. The procedural conditions for issuing an order for reference

B. The content of the order for reference

C. The facts of the dispute and the relevance of the questions referred to the Court

D. The cross-border dimension of the dispute in the main proceedings

IV. Consideration of the questions referred

A. Preliminary observations

1. The subject matter of the case in the main proceedings

2. The applicability of EU law to sport and the activities of sporting associations

3. Article 165 TFEU

B. The questions referred in so far as they concern Article 101 TFEU

1. The interpretation of Article 101(1) TFEU

(a) Consideration of the existence of a ‘decision by an association of undertakings’

(b) Consideration of the effect on trade between Member States

(c) Consideration of the concept of conduct having as its ‘object’ or ‘effect’ the restriction of competition and of the categorisation of the existence of such conduct

(1) Categorisation of the existence of conduct having as its ‘object’ the prevention, restriction or distortion of competition

(2) Categorisation of the existence of conduct having as its ‘effect’ the prevention, restriction or distortion of competition

(3) Consideration of the categorisation of the rules requiring clubs to have a minimum quota of ‘home-grown players’ in their teams as a decision by an association of undertakings having as its ‘object’ or ‘effect’ the restriction of competition

(d) Consideration of the possibility of finding certain specific conduct not to come within the scope of Article 101(1) TFEU