Revolution For Sport Gatekeepers? The Grand Chamber Of The Court Of Justice Rules On The European Super League And International Skating Union Cases

On December 21, 2023, the Court of Justice of the EU (“CJEU”) delivered two of the most anticipated judgments of the year: European Super League (“ESL”)[1] and International Skating Union (“ISU”).[2]

The CJEU found that the ISU’s and FIFA/UEFA’s pre-authorization rules that prevent clubs and athletes from participating in unauthorized third-party sports events infringe EU competition rules because those rules are not based on transparent, objective, non-discriminatory, proportionate, and reviewable criteria.

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