THE COMMERCIAL COURT IN MADRID HAS GIVEN THE RULING
Published:27/05/2024 – 12:10h
Updated:27/05/2024 – 14:31h
New victory for the Superliga in the courts. Like this it reflects it the most recent sentence of the Court of the Mercantile number 17 of Madrid on the case in which the project that lead FC Barcelona and Real Madrid accuse to the FIFA and the UEFA to having abused of his position of command on the organisation of continental and world-wide championships.
In front of this, the magistrate title ensured that both organism have to “cease in his behaviours anticompetitivas”, estimating partially in the demand presented by the European Super League Company S. L. (ESLC) Against the UEFA and the FIFA. Besides, it has declared that both organisms have abused of his position of command and are preventing the free competition in the market.
UEFA and FIFA attribute “the discretionary faculty to forbid the participation in alternative competitions and impose restrictions injustificadas and disproportionate”, what infringe the articles 101 and 102 of the Treaty of Operation of the European Union (TFUE), informed the Upper Court of Justice of Madrid. In front of this, the Superliga now has a new position of power to try arrive to an agreement with both organisms or follow trying the realisation of his project in the short term.
In the failure orders also to the FIFA and to the UEFA to that they cease in the behaviours anticompetitivas sanctioned and forbid them his future reiteration, in addition to condemning them to stir up immediately all the effects of the performances anticompetitivas that have produced before or during the length of this procedure. The same began on 18 April 2021 when ESLC announced the set up of a project of new competition of professional football, called Superliga, and exercised actions in matter of defence of the competition in front of the answer of the quoted institutions.
In the sentence, and in tuning with the resolution of the Court of Justice of the Union Europe to the that directed this same court elevating a question prejudicial previous to the celebration of the sight, the juzgadora declares that the articles 22, 70, 71, 72 and 73 of the Statutes FIFA, according to the article 6 of the Regulation FIFA International Parties and the articles 49 and 51 of the Statutes UEFA. All are incompatible with the articles 101 and 102 of the TFUE on the legal and jurisprudential frame of the market of the competition in the European Union.
