Super League clubs lose interim protections against sanction in Spanish ruling
Interim protections preventing sanctions against the clubs who sought to join the ill-fated European Super League ('ESL') have been lifted, as decided in a Thursday ruling from Spain's Mercantile Court No. 17 of Madrid ('Madrid Commercial Court'), a key arbitrator of the expansive legal battle occurring between clubs and UEFA and FIFA over the ESL plot.
The interim award was granted to the ESL clubs by the Madrid Commercial Court 12 months ago, shortly after the ESL announcement came to light. That announcement generated widespread opposition and anger, including UEFA and FIFA, who threatened to impose severe sanctions under their rules against the clubs who sought to participate.
Three clubs of the 12 initially slated to compete in the ESL, Real Madrid, Barcelona and Juventus, remain in dispute with the sport's governing bodies about their right to proceed with ESL.
Magistrate Sofia Gil Garcia wrote in her ruling that at the time of the project's development, the Super League clubs were "perfectly aware of the possible consequences, which did not prevent the adoption of financing commitments, which cannot be assumed or presumed to be frustrated by possible sanctions."
Last April, a different Magistrate said that FIFA and UEFA must not adopt "any measure that prohibits, restricts, limits or conditions in any way" the creation of the Super League.
"I consider UEFA's opposition against the precautionary measures adopted in the order of April 20, 2021 and I agree to lift the measures agreed in said resolution," Magistrate Garcia held.
Magistrate Garcia agreed with UEFA's jurisdictional arguments that their disciplinary bodies and the Court of Arbitration for Sport are competent to decide on possible sanctions against clubs.
"The arguments put forward by the plaintiffs[clubs] to justify the jurisdiction and competence of this court would not be correlative with those defended to maintain the precautionary measures requested."
A UEFA spokesperson said of Magistrate Garcia's ruling, "UEFA has today received the order of the Madrid court, lifting the precautionary measures in their entirety.
"UEFA welcomes this decision and is considering its implications. UEFA will not be making any further comment for the time being."
With sanctions against the clubs now in play, UEFA and FIFA have scored a major victory in the ESL legal battle after losing the first round to the ESL side.
The remaining clubs were arguing UEFA and FIFA's position to sanction the ESL would breach European competition law under Articles 101 and 102 of the Treaty on the Functioning of the European Union ('TFEU').
However, Magistrate Garcia ruled that the control the likes of UEFA and FIFA have over the organisation of their competitions "does not determine 'per se' an abuse of their position of dominance" and that it is "reasonable and justified" under European competition law.
"There is no evidence that the threat and imposition of sanctions on the three remaining clubs entails the necessary impossibility of executing the project, whose financing is independent," added Magistrate Garcia in reaching her decision.
The ESL can appeal the decision within 20 days to the Provincial Court of Madrid.
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