Playing the final in Luxembourg: The Court of Justice and the future of transnational sports governance

Abstract

In Luxembourg, in early July, the Grand Chamber of the Court of Justice of the European Union (CJEU) heard two cases, commonly known as the ISU and European Super League cases, which have the potential to upend the way in which many sports are governed and international competitions organized. The hearing room was packed with a large (for legal proceedings, but small in sporting standards) audience of journalists, lawyers, civil servants, sports administrators and academics (myself included). This was an exceptional sight as the attention of the sports/football community is rarely turned to Luxembourg and the CJEU probably had not witnessed this level of interest from the media and the wider public since the Bosman hearing in 1995. At the same time, it is also the first instance in which a sporting case has been referred to the Grand Chamber, a sign that the Court itself deemed them deserving of specific attention and careful deliberation by a wide spectrum of members of the Court. Furthermore, both cases will be blessed with an Opinion of Advocate General Athanasios Rantos, which, coincidentally, will be released on ‘Bosman day’ (15 December 2022). What is at stake in these cases? Both are challenging the legitimacy and capacity of international federations (IFs) to regulate their sports and organize international sporting competitions. In practice, most European sports are governed primarily through a regulatory pyramid constituted of private associations. An IF (often, though not always, based in Switzerland) sits at the apex, such as the International Skating Union (ISU) or the Fédération Internationale de Football Association (FIFA), and regulates the international dimension of a particular sport through rules and decisions imposed onto its members – the national associations – and its members’ members – the clubs and/or the athletes. These IFs are often acting as (almost natural) monopolies on the