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Intervention Inevitable - EU Law's VAR Check on the Autonomy of Sports Governing Bodies

Waldenberger Svedin, Victor LU (2025) JURM02 20251
Department of Law
Faculty of Law
Abstract
This thesis investigates the evolving legal status of Sports Governing Bod-ies (SGBs) like UEFA and FIFA under EU law. It specifically questions whether their regulatory frameworks and practices align with EU competi-tion law and free movement principles. The research heavily relies on the analysis of recent pivotal court decisions, including the December Rulings and Diarra.
The thesis begins by contextualising the European Model of Sports (EMS) and the traditional roles of SGBs within this structure. It then lays out the pertinent EU legal framework, detailing the competition rules and free movement rights that increasingly intersect with sports governance. The core of the work examines specific developments and legal battles in EU... (More)
This thesis investigates the evolving legal status of Sports Governing Bod-ies (SGBs) like UEFA and FIFA under EU law. It specifically questions whether their regulatory frameworks and practices align with EU competi-tion law and free movement principles. The research heavily relies on the analysis of recent pivotal court decisions, including the December Rulings and Diarra.
The thesis begins by contextualising the European Model of Sports (EMS) and the traditional roles of SGBs within this structure. It then lays out the pertinent EU legal framework, detailing the competition rules and free movement rights that increasingly intersect with sports governance. The core of the work examines specific developments and legal battles in EU Sports Law, tracing the evolution of case law both preceding and following the December Rulings, and considers the future trajectory for SGBs facing heightened legal accountability.
A key finding is that SGBs’ regulatory measures can be deemed anti-competitive and an abuse of their dominant market positions. This is par-ticularly the case if these measures are not underpinned by a clear frame-work of transparent, objective, precise, non-discriminatory, and proportion-ate (TONDP) criteria. The December Rulings have notably restricted the previously broader scope of the Meda-Medina justification for rules that restrict competition by object, thereby compelling SGBs to meet the more demanding justification criteria outlined in Article 101(3) TFEU. Moreo-ver, the research highlights instances where SGB regulations have been found to unlawfully impede the free movement of players and the freedom to provide services due to a lack of proportionality or adequate justifica-tion.
Ultimately, the thesis concludes that the long-held autonomy of SGBs is shifting towards a model of "conditional autonomy," subject to compliance with EU law. The dual role of SGBs, acting as both market regulators and significant commercial entities, presents an inherent conflict of interest. Without robust TONDP safeguards, their rules and decisions are increasing-ly subject to legal challenges. The findings strongly suggest that a funda-mental reform of the current sports governance structure in Europe is nec-essary. This may involve EU-level legislative initiatives, such as a pro-posed “European Sports Act”, or the establishment of independent over-sight bodies to ensure SGBs operate with greater accountability and in full subordination to the EU’s legal order. (Less)
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author
Waldenberger Svedin, Victor LU
supervisor
organization
course
JURM02 20251
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EU law, Competition law, FIFA, UEFA, Sports Governing Bodies
language
English
id
9189142
date added to LUP
2025-06-23 11:26:21
date last changed
2025-06-23 11:26:21
@misc{9189142,
  abstract     = {{This thesis investigates the evolving legal status of Sports Governing Bod-ies (SGBs) like UEFA and FIFA under EU law. It specifically questions whether their regulatory frameworks and practices align with EU competi-tion law and free movement principles. The research heavily relies on the analysis of recent pivotal court decisions, including the December Rulings and Diarra. 
The thesis begins by contextualising the European Model of Sports (EMS) and the traditional roles of SGBs within this structure. It then lays out the pertinent EU legal framework, detailing the competition rules and free movement rights that increasingly intersect with sports governance. The core of the work examines specific developments and legal battles in EU Sports Law, tracing the evolution of case law both preceding and following the December Rulings, and considers the future trajectory for SGBs facing heightened legal accountability. 
A key finding is that SGBs’ regulatory measures can be deemed anti-competitive and an abuse of their dominant market positions. This is par-ticularly the case if these measures are not underpinned by a clear frame-work of transparent, objective, precise, non-discriminatory, and proportion-ate (TONDP) criteria. The December Rulings have notably restricted the previously broader scope of the Meda-Medina justification for rules that restrict competition by object, thereby compelling SGBs to meet the more demanding justification criteria outlined in Article 101(3) TFEU. Moreo-ver, the research highlights instances where SGB regulations have been found to unlawfully impede the free movement of players and the freedom to provide services due to a lack of proportionality or adequate justifica-tion. 
Ultimately, the thesis concludes that the long-held autonomy of SGBs is shifting towards a model of "conditional autonomy," subject to compliance with EU law. The dual role of SGBs, acting as both market regulators and significant commercial entities, presents an inherent conflict of interest. Without robust TONDP safeguards, their rules and decisions are increasing-ly subject to legal challenges. The findings strongly suggest that a funda-mental reform of the current sports governance structure in Europe is nec-essary. This may involve EU-level legislative initiatives, such as a pro-posed “European Sports Act”, or the establishment of independent over-sight bodies to ensure SGBs operate with greater accountability and in full subordination to the EU’s legal order.}},
  author       = {{Waldenberger Svedin, Victor}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Intervention Inevitable - EU Law's VAR Check on the Autonomy of Sports Governing Bodies}},
  year         = {{2025}},
}