The past Thursday carried out the trial of the Superliga against of the UEFA. The case between both parts involved remained pactada for sentence after seeing the faces in the oral session that took place in the court of the mercantile number 17 of Madrid. In this session, defended his interpretation of the sentence issued by the Court of Justice of the European Union (TJUE) issued the past 21 December.
The failure of the TJUE was against of the UEFA and in favour of the Superliga, by what on request of the jueza Sofía Gil, reviewed the points treated. On the other hand, the lawyers of the Superliga asked that it evaluated the demand interposed. Of this way, the high European court with base to the articles 101 and 102 TFUE, confirmed that so much the UEFA like the FIFA incurred in an abuse of dominant position for restricting the free competition when preventing the creation of a new tournament inside the European Union.
"The fact that the responsible associations of the football in the world-wide fields and European, and that exert simultaneously different economic activities linked to the organisation of competitions, have adopted and apply norms that supeditan to his previous permission the creation, in the territory of the Union, by a third company of a new competition of football of clubs and that control the participation of the clubs of professional football and of the players in such competition, under penalty of sanctions, without that these different faculties are subject to material criteria and to rules of procedure that allow to guarantee his transparent character, aim, no discriminatory and proportionate", explains the sentence.
The Superliga keeps firm to his position
Following the thread, the letrado of To22, Fernando Giménez-Alvear, evidenció in the trial that in the regulation of the UEFA exists a reservation of activity. Therefore, they would not be fulfilling with the article 101.3 of the Union, that affirms on purpose that the clubs of football only can contest competitions UEFA and no others. "You to the Champions no touch it to me...!", it sentenced ironically Giménez-Alvear.
Finally, the case will return to the hands of the Mercantile of Madrid, that was where interposed the initial demand, by what it will be necessary to await to know the sentence of the jueza Sofía Gil, to see that they resolve. On the other hand, lto jueza will dictate sentence, that when being in first instance will be able to appeal in front of the Provincial Audience of Madrid.