UEFA and FIFA's rules giving them the right to block clubs from joining a breakaway league and penalise players for doing so are compatible with EU law, an adviser to Europe's top court said on Thursday.
The European Court of Justice made the ruling after a dispute between the two bodies and the European Super League, which collapsed within 48 hours in April 2021 after a backlash from fans, governments and players which forced nine of the 12 teams who signed up to pull out.
The clubs that withdrew included all six of the Premier League teams involved - Manchester United, Liverpool, Manchester City, Chelsea, Tottenham Hotspur, Arsenal - alongside AC Milan, Inter Milan and Atletico Madrid, leaving just Barcelona, Real Madrid and Juventus still signed up to the competition.
A22 Sports Management, the company formed to sponsor and assist in the creation of the proposed 12-team breakaway league in April last year, argued that UEFA and FIFA abused a dominant position under European competition law in first blocking the league's formation and then in their effects to sanction the clubs involved.
But Advocate General Athanasios Rantos at the EU Court of Justice ruled on Thursday: "The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law."
"Whilst ESLC 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."
A full verdict is expected from the EU Court of Justice in spring 2023.
UEFA described the European court's ruling as "an encouraging step towards preserving the existing dynamic and democratic governance structure of the European football pyramid".
"UEFA warmly welcomes today's unequivocal Opinion recommending a ruling of the CJEU in support of our central mission to govern European football, protect the pyramid and develop the game across Europe," a statement from European football's governing body read.
"Football in Europe remains united and steadfastly opposed to the ESL, or any such breakaway proposals, which would threaten the entire European sports ecosystem."
Meanwhile, A22 Sports Management said in a statement: "The opinion of the Advocate General is one step in an ongoing case, and we are pleased with the recognition of the right of third parties to organise pan-European club competitions."
A La Liga statement said: "LaLiga is a firm defender of the current European football ecosystem, which has proven a great success over many years. The creation of a Super League outside of this model would destroy European national leagues, put an end to a model that has proven its effectiveness for over 100 years and break the dream of millions of fans.
"The creation of a league designed to enrich the biggest clubs and concentrate power in a small number of teams that already dominate would also cause the loss of tens of thousands of jobs and drastically reduce tax revenue for public coffers across the continent."
What does this mean?
Sky Sports News reporter Paul Gilmour:
"There is of course significant interest in this story given the threat of the European Super League. It has the potential to challenge European football as we know it.
"The European court has offered its opinion on the Super League case brought by those rebel clubs - Barcelona, Real Madrid and Juventus.
"They have said they can do what they want - but they would have to leave FIFA and UEFA. And that won't be a good thing for them as those clubs earn a lot of money through that UEFA and FIFA pyramid system at the moment.
"It is worth saying that this is a non-binding initial verdict of the European Court of Justice, with a final verdict in spring 2023. But this is significant as it is the first glimpse into any sort of view on this, and it's going the way of UEFA and FIFA."
What happened with the European Super League?
The European Super League was launched in April 2021 with 12 founding members - Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, Tottenham, AC Milan, Inter Milan, Juventus, Atletico Madrid, Barcelona and Real Madrid - who would permanently take part in the competition.
The plan quickly collapsed after the six Premier League clubs pulled out in the face of fierce criticism from supporters, pundits, clubs and the media, but Juventus, Barcelona and Real Madrid remain committed to the concept.
In October of this year, Bernd Reichart was hired as Super League chief executive by A22 Sports Management and he began initiating talks with football stakeholders across Europe and, while he is aware discussions can continue without input from England's big six, he is hopeful they will engage.
Asked if the 2024/25 season was the earliest the failed project could start up again, Reichart said: "That might be the first reasonable and realistic call but there are so many variables that I can't actually foresee. That is probably the first realistic call."
Permanent membership of the European Super League for the founding members was a significant point of criticism, but Reichart said: "There has been an important reassessment and the concept is spreading out about openness and taking the permanent membership off the table. I can say the three clubs have credibly reassessed and taken some learnings from the first approach.
"I am aware of what the English clubs stated a year and a half ago, but I hope the whole football community is appreciating the approach to continue to care and try to come up with solutions.
"Initially the dialogue can work without them (English clubs). I will talk to clubs in other countries but this is not an exclusive initiative at all, it is an inclusive initiative.
"Of course the situation of the English clubs and the Premier League is a strong example of how attractive a club-run competition could actually look like and what difference it makes if you have the best playing each other week after week in a way. I would love to have their point of view as well."
Since the Super League plan failed, UEFA reformed the current Champions League model, which included allowing two wildcard teams to automatically qualify for the tournament based on previous achievements in the competition, should they fail to secure a spot via their domestic leagues.