The magistrate of the Commercial Court 17 of Madrid, Manuel Ruiz de Lara, who issued precautionary measures against any attempt by UEFA and FIFA to paralyze the Super League and for these bodies to sanction the clubs involved, has opened the same way court through which the so-called Bosman case by submitting your claim to the Court of Justice of the European Union (CJEU). This is the same procedure that a Belgian judge initiated and by which, as of 1995, the aforementioned court established the free movement of footballers in the countries of the European Union.
As reported Confilegal and confirmed this newspaper with sources close to the process, Judge Ruiz de Lara has raised a preliminary question before the CJEU to determine if UEFA and FIFA exercise a monopoly on the exploitation and organization of international club competitions and if this it is contrary to the Treaty on the Functioning of the European Union.
This move puts UEFA in check, which yesterday took the first step to sanction Real Madrid, Barcelona and Juventus, the three clubs that have not abandoned the Superliga project. The body that governs European football confirmed the start of a disciplinary investigation against these three clubs, but this new judicial step clearly puts the disciplinary process initiated at risk. “In accordance with article 31 (4) of the UEFA Disciplinary Regulations, the UEFA Ethics and Disciplinary Inspectors have been appointed to carry out a disciplinary investigation in relation to a possible violation of the UEFA legal framework by Real Madrid, Barcelona and Juventus in relation to the so-called Super League project ”, said the European body.
The election of the panel of inspectors is the previous step to the opening of the file from which a sanction proposal or the case file must emanate. The sanction could lead to the exclusion of the investigated teams from European competitions for two years.
The three clubs are the only ones of the 12 founders of the Superliga that have not distanced themselves from the project despite sanctioning threats from UEFA and FIFA and the avalanche of criticism from fans and other clubs in the national leagues . Manchester United, Liverpool, Manchester City, Chelsea, Tottenham, Arsenal, Milan, Inter Milan and Atlético de Madrid withdrew last week after signing a “club statement of commitment” that includes a series of “reintegration” steps between the that is the payment of 15 million euros for the development of football and charities.
UEFA already warned last week that it would transfer to its disciplinary bodies the refusal of the three rebel clubs to sign their reinstatement. The announcement of the election of the inspectors is part of their pressure strategy before which the shortlist of clubs, for the moment, do not give in and first appealed to the precautionary measures issued by a commercial judge in Madrid for which they could not be sanctioned . Now, with the intervention of the CJEU, the judicial battle for the future and control of European football may unleash an earthquake similar to the one that produced the Bosman case.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.