Judgment of the Court (Grand Chamber) of 21 December 2023. European Superleague Company, S.L. v Unión de Federaciones Europeas de Fútbol (UEFA) and Fédération internationale de football association (FIFA).

Provisional text

JUDGMENT OF THE COURT (Grand Chamber)

21 December 2023 (*)

Table of contents

I. Legal context

A. The FIFA Statutes

B. The FIFA Regulations Governing International Matches

C. The UEFA Statutes

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

A. The Super League project

B. The main proceedings and the questions referred

III. Procedure before the Court

IV. 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

V. 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. Consideration of the first to fifth questions: the competition rules

1. Consideration of the first question: the interpretation of Article 102 TFEU in situations involving rules on the prior approval of interclub football competitions and on the participation of clubs and of sportspersons in those competitions

(a) Consideration of the concept of ‘abuse of a dominant position’

(b) Consideration of the determination of whether there is abuse of a dominant position

(c) Consideration of the categorisation of rules on the prior approval of interclub football competitions and on the participation of clubs and of sportspersons in those competitions as abuse of a dominant position

2. Consideration of the second question: the interpretation of Article 101(1) TFEU in situations involving rules on the prior approval of interclub football competitions and on the participation of clubs and of sportspersons in those competitions

(a) 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