The judge rejects that the Superliga Case be judged in Switzerland

The car known this morning in which the magistrate Sofía Gil García has pronounced herself in favor of UEFA taking into account UEFA’s opposition to the injunctions adopted in April 2021, It has not been the only ruling adopted this Thursday by the head of the Mercantile Court number 17 of Madrid. In other, also with today’s date that this newspaper has also had access to, the same judge firmly rejects, without the possibility of appeal, UEFA’s reversal letter, that requested the transfer of the case from the Spanish courts to the Court of Arbitration (TAS) in Switzerland, and another from LaLiga in the same sense.

The question was to know if a court in Madrid (which is a territory of the European Union) has powers over UEFA, an entity based in Switzerland, but in the commercial sphere, the principle of registered office does not apply, but rather the principle of activity. As UEFA organizes Champions League matches in Madrid and other Spanish cities, develops part of its activity in Spain and has the Spanish Federation as its representative, whose president, Luis Rubiales, is also vice president of UEFA, the 17th Commercial Court consider competent in the case.

Regarding the resource of LaLiga, According to the magistrate, “the appellant distances herself from her arguments, replacing them with others not previously alleged, in order to defend her interests, finally considering that jurisdiction lies with the Luxembourg courts. Not only is the application of the previously denied precept defended, but also arguments are introduced regarding its application, which are absolutely extemporaneous. Therefore, It is not appropriate to analyze the grounds of the appeal that completely alters the arguments previously defended. It is not possible to reformulate the arguments of the plea on the pretext of the appeal for reconsideration and introduce other different ones”.