The two Swiss-headquartered associations threatened to impose sanctions on clubs and players who participated in the proposed new competition, which was backed by 12 Spanish, Italian and English clubs.

The European Superleague Company subsequently sued FIFA and UEFA in the Spanish courts, which then referred a number of questions to the CJEU.

In today’s judgment, which has not yet been published in English, the court observed that the organisation of inter-club football competitions and the exploitation of the media rights are evidently economic activities and must therefore comply with the competition rules and respect the EU freedoms of movement.

Because of their dominant position, FIFA and UEFA are required to ensure they exercise power in a transparent, objective, non-discriminatory and proportionate way. However, the court found that the powers of FIFA and UEFA are not subject to any such criteria and they are, therefore, abusing a dominant position.

The two bodies’ rules on approval, control and sanctions were held to be arbitrary and therefore unjustified restrictions on the freedom to provide services.

However, the court added that, while the FIFA and UEFA rules as they stand are unlawful, that does not mean a competition such as the Super League project must necessarily be approved.

In parallel, the court observed that FIFA and UEFA rules relating to the exploitation of media rights are such as to be harmful European football clubs, all companies operating in media markets and, ultimately, consumers and TV viewers, by preventing them from enjoying new and potentially innovative or interesting competitions.

The case will now proceed before Spain’s Commercial Court.

In a statement, FIFA said: “FIFA has taken note of the ruling issued today by the Court of Justice of the European Union in relation to the European Superleague Company SL.

“FIFA will now analyse the decision in coordination with UEFA, the other confederations and the member associations before commenting further.

“In line with its Statutes, FIFA firmly believes in the specific nature of sport, including the pyramid structure – which is underpinned by sporting merit – and the principles of competitive balance and financial solidarity.

“Football owes its long and successful history to the above-mentioned principles, which FIFA, the confederations and the member associations will continue to promote in the future, in the interest of all football fans worldwide.”

UEFA said: “UEFA takes note of the judgment delivered today by the ECJ in the European Super League case.

“This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a pre-existing shortfall within UEFA’s pre-authorisation framework, a technical aspect that has already been acknowledged and addressed in June 2022. UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations.

“UEFA remains resolute in its commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society. We will continue to shape the European sports model collectively with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners alike.

“We trust that the solidarity-based European football pyramid that the fans and all stakeholders have declared as their irreplaceable model will be safeguarded against the threat of breakaways by European and national laws.”