The FC Swift Hesperange Complaint – A Further Challenge To UEFAs Rules On New Competitions

At the end of July 2022, the Luxembourg football club Swift Hesperange – at the time of writing 2nd in the top national league (BGL Ligue) – filed a complaint1 against the Luxembourg football federation (FLF) and UEFA before the Tribunal d’arrondissement de Luxembourg and asked the Tribunal to refer a set of questions to the EU’s top court, the Court of Justice of the European Union (CJEU). FC Swift Hesperange is challenging rules enacted and implemented by UEFA and FLF, arguing that the sport governing bodies are violating competition laws, as well as rules governing the free movement of workers, services and capital within the EU.

These questions are particularly timely and sensitive, given the partial overlap with the challenge2 brought last year by the remaining three European football clubs (still) supporting the Super League project. They have, however, not yet been formally referred to the CJEU – and indeed may never reach the EU’s top court, depending on the admissibility of the claims themselves and/or the relevant parties’ ability to persuade the Luxembourg tribunal to refer them.

Both challenges target UEFA’s alleged “conflict of interests” in its remit of both the organisation and regulation of sporting competitions.