The Madrid Court denies the possibility of sanctioning Juventus, Real and Barcelona “UEFA wants a monopoly in contrast with the laws on free competition”
MILANO
The judicial domination has begun that could transform the Super League into a “Bosman sentence” with even more disruptive effects for the global football system. The Commercial Court of Madrid – the same that in April, in just 48 hours, ruled as a precautionary measure the opposition to the Community system of any sanctions by the sports authorities against the immediately wrecked tournament – turned to the Court of Justice of the European Union.
The Spanish judges addressed a preliminary question to their colleagues in Luxembourg to understand how to behave in the face of the action of Real Madrid, Barcelona and Juventus who appealed to the Madrid college against the repeated threats of sports punishments addressed by the UEFA president, Aleksander Ceferin, to the three clubs still linked to the separatist project.
Since the question concerns the rules of the treaties underlying the EU, the court of the Spanish capital has decided to ask for the most decisive opinion, that of the judges who supervise the application of the cardinal principles of the Union. The dispute revolves around the possibility of UEFA to disqualify clubs that intend to organize competitions outside the range of action of the association that governs continental football. Real Madrid, Barcelona and Juventus accuse Nyon of wanting to exercise a monopoly contrary to the laws on free competition in the community. If the EU Court of Justice were to accept the position of the Court of Madrid, world football would change its face.
«Uefa takes note of the announcement by the Court of Justice of the EU of the reference by a Court of Madrid on the so-called Superlega, despite the withdrawal of nine of its founding clubs. Uefa has confidence in its position and will defend it strongly », comments Nyon, who underlines the departure of almost all the founders from the tournament presented a month and a half ago.
But there is nothing for sure in this story. From Spain, the true operational center of the Super League, comes an indiscretion that would reduce the reverse of Inter, Milan, Atletico Madrid, Arsenal, Chelsea, Tottenham, Liverpool, Manchester City and United. According to the newspaper El Confidencial, which publishes the document signed by the founders (it is thus confirmed that on behalf of AC Milan the agreement was signed by the president Paolo Scaroni, not by Gordon Singer), the nine clubs have not actually given up their contractual obligations. The change of strategy, at the basis of the plea agreement stipulated with UEFA, would only be a facade. This, of course, would change everything in internal relations and in the dialectic with Ceferin, always angry with Barcelona, Real and Juventus.
In the contract it is also possible to read curious provisions in favor of the fans. To meet their supporters, who would have been forced to travel longer and more expensive, the clubs had thought of financial subsidies to facilitate travel abroad with their favorite team. Not only that: the creation of a shuttle service was also planned to facilitate tourist visits to the cities involved in the Super League. But it is not yet the time to think about international trips with a football background.
The two days of generalized protests in mid-April froze the Super League. To understand if the hibernation will be final, there are still numerous legal games to play. –