Country after country is standing up and backing @UEFA 's right to block ESL attempt to set up a rival league. Small countries (Estonia, Ireland, Denmark etc) see themselves excluded from the 'closed competition.' /1
They also note the money they get from @UEFA which feeds into the grass roots. They reckon their clubs would never get into the closed-shop ESL.
They say the UEFA regime of authorizing rival events serves legitimate purposes of protecting European sport /2
Side note: Ireland did its pleading in Gaelic which was bloody lovely.
It said there would be "devastating consequences" if "large clubs" could grab all the revenues from the game. Estonia and Greece agreed. /3
Croatia weighed in, saying the #ESL was more like the US-style closed competitions with franchises, rather than the European style model (which pursues broader social interests).
It also said UEFA wasn't an "essential facility" for the #ESL & it shouldn't be granted access./4
Croatia gave numbers on the "solidarity" benefit. E.g. Dynamo Zagreb's participation in the @ChampionsLeague meant 9 other clubs in the country got 400k euros each. For half of them, that was 10pc of their income for that season. For others, it was 20pc /5
The Italian government argued strongly that @UEFA shouldn't be split up into two entities: one doing sport regulation, the other doing economic activity. It said #ESL hadn't proved this was necessary. There was no mention of Totti, Pirlo or Baggio in the pleadings. Shame. /6
Cyprus also weighed in to support UEFA. The current format meant that even teams from its small island could make it to the big competitions.
UEFA restrictions are justified to safeguard "sporting spirit" in European football, it said. /7
And they kept coming... Latvia, Greece, Cyprus, France... if someone has been orchestrating it, then they've done a good job. All countries were singing from the same hymn sheet. Just a shame none of them kissed their badge after finishing the pleadings /8
The court has had enough for today. President Lenaerts decided not to push it into extra time. Another 10 or so European governments will get their say tomorrow morning. They will back @uefa
When they are thru, it's question time. The most interesting bit. If you're weird. /9
15 judges sitting in the Grand Chamber is usually a sign the court is prepared to make a 'big' judgment, and make a significant statement.
But with 21 countries standing up and aligning behind one answer, those judges are getting a clear message not to dent @UEFA powers. /10
We won't know until next year what the result is. But on December 15th, a court advisor (known as an Advocate General) will deliver a non-binding opinion on how some of the questions might be solved.
That'll be your first taste of where things might be headed. /11
UEFA v #SuperLeague has ended. Lots of Qs from judges, hinting where the fault lines of the case are:
- Treaty articles on sport & antitrust
- 'closed competitions'
- Solidarity payments
- notion of 'restricting competition'
- specificities of sport
Settle down for a /thread
Jan Passer, reporting judge, asked about money. He wants to know how much cash countries get from UEFA. What %age of their income? He asked #ESL what its plans are.
#ESL has a solidarity fund. But it is voluntary. Still, they reckon it's better than UEFA's. /1
AG Rantos asked why doesn't ESL just set up outside the UEFA ecosystem.
ESL said the clubs would get sanctioned & might face bankruptcy. They need some time to build the new league, it said. For that it needs the money, and the sanctions for leaving are "draconian."/2
EU countries lining up to call it a "cartel" that rubbishes "Europe's model of sport."
Romania, Poland, Malta, Portugal, Austria, Slovenia. None of them had a positive word for #ESL /1
Norway was also there. (It isn't an EU member, but it took up its right to plead before ECJ). It noted that Norwegian teams from the provinces had been promoted and played European sport because of the openness of UEFA structure, on sporting merit. #ESL puts that at risk /2
Shame there was no mention of @ErlingHaaland even though his old club was mentioned as one of the places that benefitted from the UEFA model.
"Its about preserving opportunities," Norway's lawyer said. /3
"Do you believe that @UEFA will ever authorise a competitor to the Champions League?"
#EuropeanSuperLeague lawyer Miguel Odriozola starts ECJ hearing with a rhetorical question.
"The answer that you are all thinking of is NO. Never." /thread
Both sides went at it for an hour or so this pm. UEFA and FIFA on one side, ESL and its promoter A22 on the other.
The shortest summary:
ESL: "you're an ugly monopoly, UEFA!!!"
UEFA: "you guy's are a money-grabbing cartel!!!" /2
SuperLeague started with a takedown of UEFA for never allowing anyone to set up any other competitions. It said UEFA had a conflict of interest that need to be unwound. It's a conflict between regulatory role and the economic interests of organizing competitions. /3
Update: EU court opened with skating dispute, saying it was the "warm-up" for #SuperLeague
Short summary:
- very engaged court
- will pose qu's later on conflicts of interest at @uefa
- will explore EU treaty conflict btw sport & competition law
- Opinion slated for Dec 15
/1
ISU imposed bans because the Dubai event featured betting. EC said the eligibility criteria were not transparent. /2
Jan Passer (Czech judge) is leading the questions & was forensic. Wanted to know about where ISU got its powers from (derived from IOC @iocmedia ? or member associations?). Also wanted to know about "conflicts of interest." This is a governing body having regulatory powers.../3
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
I've slept on it. Here's a 'tepid-take' (HT @DrMJCole) on Google ruling.
- politically: huge for @vestager
- practically: won't change much becoz #DMA is new kid in town,
- legally: EU judges' stance on 'essential facility' will cause controversy & perhaps an appeal
/thread
1st, politically:
Court approval for @EU_Competition mantra of 'self-preferencing' is huge; this concept underpins the last decade of action & rhetoric from Brussels, and now the whole world.
Court blessing for that will be read as: 'keep going, you're on the right track.' /2
Losing this case would have been a horror for the entire policy drive, for cases against @Apple@amazon@Meta & for @vestager reputation. As it is, EC goes into all that strengthened.
Court also said Google's "abnormal" conduct can't be explained away as the right to innovate/3