UEFA’s disciplinary action against Real Madrid, Barcelona and Juventus has been suspended after a court order was issued banning UEFA from intimidating Super League rebels.
And legal experts now expect the three clubs to compete in the Champions League next season, despite the threat of exclusion from their support of the breakaway competition.
“I don’t see that UEFA will exclude one of the three clubs from the Champions League,” says sports lawyer Mark Orth Sports post.
“Exclusion would be followed by a very detailed legal analysis by numerous courts and damages claims resulting from competition law infringements due to UEFA’s exclusion,” added the Munich-based expert.
Real Madrid won the Champions League in 2018, but UEFA’s action could have resulted in a suspension
The European football board announced last month that it had launched a disciplinary investigation into the three clubs after they refused to withdraw their support for the breakaway competition.
If found guilty of violating UEFA rules, the clubs could be banned from European competition, including the Champions League, for two years. All three clubs have qualified this season.
But the court order has forced UEFA to pull out, at least for the time being, and last night it announced it had ‘suspended’ the disciplinary proceedings.
Sportsmail understands that UEFA has not given up hope of relaunching its investigation soon, which could still lead to a Champions League ban for the rebels, but that would require legal and disciplinary proceedings to be completed within months, which will seems to be a challenging timetable.
While nine of the twelve founding clubs in the failed European Super League project have been quick to bail out, apologize and offer some good, Madrid, Barca and Juve have refused to give in, much to the fury of the UEFA and its president Aleksander Ceferin.
UEFA’s aggressive approach against the rebel clubs is seen as risky by lawyers, as the Super League received a preliminary injunction from a Madrid court on April 20, on the eve of the Super League’s collapse.
FIFA and UEFA threatened clubs and players participating in a European Super League with a ban on their competitions, but lawyers were skeptical of the claim
The court banned UEFA and FIFA from making more threats or doing anything to intimidate the leading group or any of its participants.
UEFA seemed undaunted and continued to reprimand the rebels and launched disciplinary proceedings anyway.
It has since emerged that UEFA, which is based in Switzerland and thus outside the European Union, continued to chart its own course until the Swiss authorities served it with the Spanish court order, which happened only on June 2.
In a statement, the Nyon-based football association said: “UEFA notes that the decision to temporarily suspend the proceedings was taken by UEFA’s Appellate Body following the formal notification to UEFA by the Swiss competent authorities on 2 June 2021 of an ex -partial injunction obtained on April 20, 2021 by the legal entity European Super League Company SL of the Commercial Court No. 17 of Madrid (the “Order of Justice”).
However, UEFA maintains that it considers the suspension in proceedings against the clubs to be temporary. The governing body claims there is extensive legal precedent allowing it to punish clubs in these circumstances, with parties having the right to appeal to the Court of Arbitration for Sport.
But it will be some time before both the legal dispute between UEFA and the clubs and subsequent disciplinary proceedings are resolved.
“Based on the court order, the said three clubs have sought to protect themselves from possible disciplinary consequences of this so-called ‘Super League’ project,” UEFA said in a statement.
“UEFA understands why the disciplinary proceedings had to be suspended for the time being, but remains confident and will continue to defend its position in all relevant jurisdictions.”
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The legal issues surrounding the failed Super League project relate to competition law and the right to form rival leagues. Despite UEFA’s confidence, lawyers insist the issues are not clear and there is also legal precedent on the part of the rebel clubs.
Some experts predict the legal battles will continue for years to come.
The case is now before the European Court of Justice – Europe’s highest court – in Luxembourg.
The Spanish judge, who heard the first case, referred the case to the higher court for legal advice. That could take months before the case is sent back to Madrid.
Real Madrid president Florentino Perez was a driving force behind the Super League plan
At that point, UEFA will have to appear in court and present its legal argument against the creation of the Super League before the court issues a ruling, which can be appealed by either side.
While the latest version of the Super League is undoubtedly dead, the legal action underway now could determine whether creating a rival league has a solid legal basis in the future.
It can also decide whether UEFA can take disciplinary action against the rebels.
Real Madrid, Barcelona and Juventus have never shied away from supporting the Super League. When UEFA launched a disciplinary investigation last week, it led to an extraordinary joint statement.
The clubs reiterated their commitment to ‘modernising football’, accusing UEFA of ‘coercing… three of the most relevant institutions in football history’.
PROJECT SUCCESSFUL FROM THE BEGINNING
The football world was shocked after 12 founders – including the Premier League’s Big Six – signed up in April for the Super League breakout, which will shape the future of the UEFA elite competitions, the Champions League and Europa League, as well as the viability of the domestic competitions.
In a chaotic 48 hours amid massive protests across Europe from fans, media and politicians, plans came to a shuddering halt and teams pulled out one by one.
Nine clubs, including Manchester United, Manchester City, Liverpool, Arsenal, Chelsea and Tottenham, as well as Atletico Madrid, Inter Milan and AC Milan, have now committed themselves to existing international competitions, with the threat of heavy fines and bans if they express their interest. in the escape project.
And the English clubs yesterday reaffirmed their commitment to the Premier League, reiterating their apologies to fans, fellow clubs, the Premier League and the FA.
As a ‘goodwill gesture’, the clubs have jointly agreed to make a £22 million contribution to grassroots football and charities.
The Premier League also announced that the English clubs had agreed to support rule changes so that similar actions would lead to a 30-point deduction in the future. Each of the six clubs would also face an additional £25m fine in that event.
As part of the rapprochement with UEFA, the repentant nine clubs agreed to jointly make a goodwill contribution of €15 million (just over £13 million) to children’s and grassroots football across Europe.
They also agreed to withhold five percent of UEFA competition revenue for one season, and to redistribute the money.