Problem of state aid in Spanish football – case analysis

Abstract

In the recent past, the European Court of Justice (ECJ) issued two judgments concerning state aid granted by the Kingdom of Spain to Spanish football clubs. The outcome is that, after the conclusion of the proceedings, the aid granted to FC Barcelona has to be reclaimed, while Valencia CF can keep the state aid granted to it respectively it has not to be reclaimed. This raises the question of whether equal constellations exist and were judged differently, i.e., whether there is unequal treatment in this regard. Furthermore, whether there is no uniform line at EU level in this respect and in such constellations, and thus whether there is legal uncertainty. This article aims to answer these questions. In order to answer these questions, this article will look at the two judgments of the ECJ and their backgrounds and explanations. In addition, the basic principles of European law and the functioning of the institutions of the European Union necessary for understanding this constellation will be provided. The result is that the ECJ's judgments have different, but understandable, outcomes. As conclusion, it remains to be said, that it cannot be assumed that the approach taken at EU level in this regard is inconsistent.