UEFA and FIFA’s right to block new competitions like the European Super League is compatible with EU law, according to a key legal opinion published on Thursday.

The opinion of the Advocate General in the case, Athanasios Rantos, was read out on Thursday morning at the European Court of Justice in Luxembourg.

Those behind the Super League felt UEFA and FIFA were abusing a dominant position under EU competition law by first blocking the league in April 2021 and then seeking to sanction the clubs involved.

Although this opinion is non-binding ahead of the final ruling next year, it appears to sink any hopes of a Super League operating within European football’s mainstream if it does not have UEFA and FIFA approval.

A release from the court stated: “While ESLC (European Super League Company) is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the creation of such a competition, continue to participate in the football competitions organised by FIFA and UEFA without the prior authorisation of those federations.”

That would effectively mean clubs would be free to break away and join an unapproved Super League, but would not also be able to compete in domestic leagues.

UEFA said it “warmly welcomed” the AG opinion which it described as “unequivocal”.

Rantos stated in his opinion: “The non-recognition by FIFA and UEFA of an essentially closed competition such as the ESL could be regarded as inherent in the pursuit of certain legitimate objectives, in that the purpose of that non-recognition is to maintain the principles of participation based on sporting results, equal opportunities and solidarity upon which the pyramid structure of European football is founded and to combat dual membership scenarios.”

Should the final ruling mirror the AG’s opinion, it would ward off the threat of a Super League for generations to come, unless those involved are prepared to operate entirely outside the existing framework.

The threat of a breakaway by big clubs has been held over UEFA for almost as long as the European Cup and its successor the Champions League has been in existence.

The most recent attempt to form such a league involved 12 of Europe’s top teams in April last year, including the Premier League’s ‘Big Six’. The intention was for 15 clubs to be permanent members of the league, free of the threat of relegation, with five clubs invited to join on a seasonal basis. However, UEFA and FIFA refused to approve it and threatened the clubs with sanctions if they entered.

Fans of the Premier League clubs in particular were vocal in their opposition to it, while the British Prime Minister at the time, Boris Johnson, threatened to “drop a legislative bomb” on the clubs involved.

In the AG’s opinion, EU competition rules also do not prohibit UEFA, FIFA, national federations or leagues issuing threats of sanctions against clubs who participate in a new project.

UEFA and FIFA’s exclusive right to market its competitions was also not a breach of EU competition law, the AG found.

“Those restrictions are inherent in and proportionate to the pursuit of the legitimate objectives related to the specific nature of sport,” the court document stated.

The European Club Association, which represents almost 250 clubs across the continent, said the AG opinion was “a clear rejection of the efforts of a few to undermine the foundations and historical heritage of European football for the many”.

The European Leagues group, which represents 40 competitions across Europe including the Premier League, also welcomed the opinion.

“The positive development of professional club football relies on the coexistence and balance between domestic leagues and European club competitions,” its statement said.

A22, a company formed to sponsor and assist in the creation of a European Super League, highlighted sections of AG Rantos’ opinion in a series of tweets where he talked about UEFA’s “special responsibility” to ensure no third parties are unduly denied access to the market, and given visibility of what the acceptable conditions and criteria for a new competition would be.

However, his finding that UEFA and FIFA acted lawfully to block an “essentially closed” competition means any new proposal would appear to have to demonstrate it is fully open.

Football Supporters Europe welcomed the AG opinion.

“Today’s opinion chimes with the position of football supporters across the continent,” an FSE statement said.

“Giving even more money and power to a few would be catastrophic, enriching a handful of clubs at the expense of all other levels of the game. It would also destroy important principles such as sporting merit, promotion and relegation, qualification to Europe via domestic success, and financial solidarity.”