UEFA’s threatened legal action against Infantino and FIFA: What we know

FIFA’s plans to sell minority stakes in World Cups and other events run by football’s global governing body may be at an end, but the backlash is not – and the threat of legal action remains on the table.

The biggest opponent to FIFA’s plans, presented by its President Gianni Infantino, came from European football’s governing body, UEFA.

Having 55 of the 211 FIFA members, and being the most lucrative league in the world, the Union of European Football Associations (UEFA) was an opponent that even FIFA could not topple.

The unanimous vote by UEFA to boycott FIFA, unless it dropped its proposals, was also rumoured to be accompanied by legal action.

On Tuesday, UEFA confirmed to Al Jazeera that a document preservation letter had been sent to FIFA. Here is what we know and what that could mean for FIFA.

What is a document preservation letter?

Also known as a litigation hold letter or preservation of evidence letter, this type of letter serves to preserve all evidence relevant to a potential or ongoing lawsuit.

It is a legal request and formally asks a person or organisation not to destroy, delete, alter, or lose any documents or evidence that may be relevant to a dispute or investigation.

Why has UEFA served FIFA with the legal letter?

UEFA representatives told Al Jazeera on Tuesday that they would be making no further comment at this stage other than to confirm the issuance of the preservation letter to FIFA.

They did, however, release a statement on Saturday declaring that they had lost confidence in Infantino, adding: “(This) must not be the end of the story. The proposal has gone. The task of rebuilding trust in FIFA has only just begun.”

The statement was extensive and pulled no punches. Infantino was clearly the target, and the suggestion was that change needed to come.

The legal letter that has been sent to FIFA has, according to The Associated Press news agency, named 18 FIFA executives in particular who must retain data, documents and electronic messages as potential evidence.

Former Arsenal manager Arsene Wenger, now FIFA’s head of global football development, was reportedly among those names. The Frenchman said in a statement later on Tuesday that he was “not aware” of Infantino’s plan.

Does this confirm UEFA will take legal action against FIFA?

It seems likely that a contest of Infantino’s presidency is imminent.

That may come from internal moves, with FIFA Secretary General Mattias Grafstrom reported on Tuesday to have sent staff an email stating: “Individuals, unstable moments and unfortunate episodes come and go”.

It may be external, however, with UEFA leading calls for change.

The document preservation letter sent to FIFA does not mean that legal action by UEFA has begun or that it will.

What it does seem to suggest, at this stage, is that UEFA will explore all options for the change it seems to seek at FIFA, ahead of the “rebuild” that it cited.

What are the other confederations saying after FIFA’s U-turn?

Infantino has finally found some backing from member nations, most notably in Africa, but he has yet to receive the backing of a confederation.

The Confederation of African Football (CAF), led by Infantino’s longtime ally Patrice Motsepe, meets on Thursday.

Whether a vote is held or a statement released, it appears as though Africa is Infantino’s best hope for the support of a confederation.

UEFA’s position is quite clear, and the North American confederation CONCACAF also rejected FIFA’s plan, without going as far as to vote for a boycott.

The Asian Football Association (AFC) described FIFA’s plans as “totally unacceptable” and said it stood in solidarity with UEFA and CONCACAF. It, too, stopped short of a vote to boycott FIFA.

Could UEFA still boycott FIFA and the World Cup?

The threat by UEFA to boycott FIFA, and with it all events staged by football’s governing body, surrounded the private investment plan for minority stakes in those competitions.

Therefore, the boycott threat appears to be over, for now.

The first test of that is less than a month away, when UEFA member Poland is set to host the FIFA Under-20 Women’s World Cup 2026.

The Polish football association, responsible for delivering that tournament, said prior to Infantino’s standdown that it had not received any notification of teams withdrawing from the competition.

Boycotts and splits appear to be courses of action that UEFA is steering clear of.

Legal action against FIFA and its president now appears to be the main threat to Infantino’s 10-and-a-half-year term.

All the while that looms over the game’s governing body, so too does its November 18 deadline for candidates to stand in March’s elections.

What we can be almost certain of is that even if Infantino stands for re-election, it is inconceivable that he will do so unopposed, just as he did in 2019 and 2023 and as had appeared inevitable only a week ago for the 2027 election.