Thread by @lewis_crofts

Huge day of sport at EU’s top court. If you like football or indeed love speed skating, then I’ll be there for you.

In short, it’s about whether UEFA can block rival competitions such as the #SuperLeague Here’s what it’s about /thread

15 judges at @EUCourtPress are reviewing the fight between #ESL and @UEFA

Despite the club mutiny, ESL is still pursuing its case in Madrid court over UEFA’s rules being unfair & blocking rival competitions. A Madrid court has asked the EU court for help. /1

The main question: is @uefa a business abusing its power to run football? By threatening lifetime bans for players/clubs from the Euros or the #ChampionsLeague is it misusing that power? That would breach EU competition law. /2

Sport and competition law are an awkward couple in Europe. Usually, competition law is all powerful, but the EU treaty says sport can be different. You need leagues, clubs, grass roots, rules of the game etc, so governing bodies should have some wiggle room. /3

Governing bodies get breathing space as long as they pursue a “legitimate objective” (eg keeping the sport clean from doping), and their sanctions are proportionate and fair. UEFA thinks it does all of these things. ESL disagrees & thinks UEFA is a “monopoly”. /4

The case focuses on two UEFA powers: 1/the right to pre-authorise rival events; 2/ the right to sanction.

UEFA can have these powers but they have to be clear, balanced & proportionate.

Eg is a lifetime ban for a player fair? Would that ruin her career?/5

There are 15 judges reviewing the case today, which is rare. And loads of governments want their say as well. That’s their right in any ECJ case but it is very rare to have so many piling in. The vast majority support @UEFA Just two back #ESL /6

The problem with sport is that it used to just be about rules of the game (size of balls, lengths of games). That’s all legitimate for a governing body.

But now it’s BIG BUSINESS & decisions on broadcast rights, relegation, sponsorship, calendar etc have huge financial impact/7

And that means competition law — which is essentially the EU law governing fair business dealings — is front and centre.

When does a governing body’s act to “protect” the sport, becoming a harmful act to exclude a business?

That’s the question for the judges./8

The skating dispute is the warm-up this morning. The judges will hear that dispute first. Essentially, it’s the same question as #ESL

Did the ISU governing body unfairly sanction skaters for taking part in a rival event in #Dubai?

@ISU_Speed says NO./9

The ISU says the event in Dubai had betting involved and that wasn’t good for the sport. So it was right to tell skaters: “if you go over there, you can’t play in the usual ISU events.”

So, again, it’s about fairness, proportionality and pursuing a legitimate aim. /10

Pretty much every sport on the planet should be interested in the outcome of this case. Warning: judgment won’t come for months.

I’m gonna be here writing about it, so get ready for clichés & tortured sporting analogies. Sorry. /ends