{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:m-l-c-424-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:m-l-c-424-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-10","fingerprint":"ewai:eu:1cb91d","proof":"sha256:ced2fc52d7ead1069dfd48e2dcf1b0a393efa1c0f50b2784ccd334055e8165c9","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:m-l-c-424-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62024CJ0424","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraphs":[]},{"title":"16 July 2026 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7"]},{"title":"MI (C‑425/24)","paragraphs":["para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_39"]},{"title":"2","paragraphs":["para_41"]},{"title":"Legal context","paragraphs":[]},{"title":"Italian law","paragraphs":[]},{"title":"The Constitution","paragraphs":[]},{"title":"3","paragraphs":["para_46","para_47"]},{"title":"4","paragraphs":[]},{"title":"The first paragraph of Article 24 of the Constitution provides:","paragraphs":["para_50"]},{"title":"5","paragraphs":[]},{"title":"The first paragraph of Article 103 of the Constitution provides:","paragraphs":["para_53"]},{"title":"6","paragraphs":[]},{"title":"Article 113 of the Constitution is worded as follows:","paragraphs":["para_56"]},{"title":"Code of Administrative Procedure","paragraphs":[]},{"title":"7","paragraphs":["para_59","para_60"]},{"title":"8","paragraphs":[]},{"title":"Article 30(6) of that code provides:","paragraphs":["para_63"]},{"title":"9","paragraphs":[]},{"title":"Article 133(1) of that code provides:","paragraphs":["para_66","para_67"]},{"title":"(z)","paragraphs":["para_69","para_70"]},{"title":"Law No 280/2003","paragraphs":[]},{"title":"10","paragraphs":["para_73","para_74","para_75","para_76"]},{"title":"Article 2 – Autonomy of sports law","paragraphs":["para_78"]},{"title":"(a)","paragraphs":["para_80"]},{"title":"(b)","paragraphs":["para_82","para_83","para_84"]},{"title":"Article 3 – Rules of jurisdiction and transitional provisions","paragraphs":["para_86","para_87"]},{"title":"The FIGC Sports Justice Code","paragraphs":[]},{"title":"11","paragraphs":["para_90"]},{"title":"12","paragraphs":["para_92"]},{"title":"13","paragraphs":[]},{"title":"Article 4 of that code, entitled ‘Mandatory nature of the general provisions’, provides:","paragraphs":["para_95","para_96","para_97"]},{"title":"14","paragraphs":["para_99"]},{"title":"15","paragraphs":["para_101","para_102"]},{"title":"The disputes in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"16","paragraphs":["para_105"]},{"title":"17","paragraphs":["para_107"]},{"title":"18","paragraphs":["para_109"]},{"title":"19","paragraphs":["para_111"]},{"title":"20","paragraphs":["para_113"]},{"title":"21","paragraphs":["para_115"]},{"title":"22","paragraphs":["para_117"]},{"title":"23","paragraphs":["para_119"]},{"title":"24","paragraphs":["para_121"]},{"title":"25","paragraphs":["para_123"]},{"title":"26","paragraphs":["para_125"]},{"title":"27","paragraphs":["para_127"]},{"title":"28","paragraphs":["para_129"]},{"title":"29","paragraphs":["para_131"]},{"title":"30","paragraphs":["para_133"]},{"title":"31","paragraphs":["para_135"]},{"title":"32","paragraphs":["para_137"]},{"title":"33","paragraphs":["para_139"]},{"title":"34","paragraphs":["para_141"]},{"title":"35","paragraphs":["para_143"]},{"title":"36","paragraphs":["para_145"]},{"title":"37","paragraphs":["para_147","para_148","para_149"]},{"title":"(2)","paragraphs":["para_151"]},{"title":"(3)","paragraphs":["para_153"]},{"title":"38","paragraphs":["para_155","para_156","para_157"]},{"title":"(2)","paragraphs":["para_159"]},{"title":"(3)","paragraphs":["para_161"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"39","paragraphs":["para_164"]},{"title":"40","paragraphs":["para_166"]},{"title":"41","paragraphs":["para_168"]},{"title":"Second and third questions referred in Cases C‑424/24 and C‑425/24","paragraphs":[]},{"title":"42","paragraphs":["para_171"]},{"title":"Admissibility","paragraphs":[]},{"title":"43","paragraphs":["para_174"]},{"title":"44","paragraphs":["para_176"]},{"title":"45","paragraphs":["para_178"]},{"title":"46","paragraphs":["para_180"]},{"title":"47","paragraphs":["para_182"]},{"title":"48","paragraphs":["para_184"]},{"title":"49","paragraphs":["para_186"]},{"title":"50","paragraphs":["para_188"]},{"title":"51","paragraphs":["para_190"]},{"title":"52","paragraphs":["para_192"]},{"title":"53","paragraphs":["para_194"]},{"title":"54","paragraphs":["para_196"]},{"title":"Substance","paragraphs":["para_198"]},{"title":"55","paragraphs":["para_200"]},{"title":"56","paragraphs":["para_202"]},{"title":"57","paragraphs":["para_204"]},{"title":"58","paragraphs":["para_206"]},{"title":"59","paragraphs":["para_208","para_209"]},{"title":"60","paragraphs":["para_211"]},{"title":"61","paragraphs":["para_213"]},{"title":"62","paragraphs":["para_215"]},{"title":"63","paragraphs":["para_217"]},{"title":"64","paragraphs":["para_219"]},{"title":"65","paragraphs":["para_221"]},{"title":"66","paragraphs":["para_223","para_224"]},{"title":"67","paragraphs":["para_226"]},{"title":"68","paragraphs":["para_228"]},{"title":"69","paragraphs":["para_230"]},{"title":"70","paragraphs":["para_232"]},{"title":"71","paragraphs":["para_234"]},{"title":"72","paragraphs":["para_236"]},{"title":"73","paragraphs":["para_238"]},{"title":"74","paragraphs":["para_240"]},{"title":"75","paragraphs":["para_242"]},{"title":"76","paragraphs":["para_244"]},{"title":"77","paragraphs":["para_246"]},{"title":"78","paragraphs":["para_248"]},{"title":"79","paragraphs":["para_250"]},{"title":"80","paragraphs":["para_252","para_253","para_254","para_255","para_256"]},{"title":"The first questions in Cases C‑424/24 and C‑425/24","paragraphs":[]},{"title":"81","paragraphs":["para_259"]},{"title":"82","paragraphs":["para_261"]},{"title":"83","paragraphs":["para_263"]},{"title":"The scope of judicial review of sanctions imposed on individuals by sports associations","paragraphs":[]},{"title":"84","paragraphs":["para_266"]},{"title":"85","paragraphs":["para_268"]},{"title":"86","paragraphs":["para_270"]},{"title":"87","paragraphs":["para_272"]},{"title":"88","paragraphs":["para_274"]},{"title":"89","paragraphs":["para_276"]},{"title":"90","paragraphs":["para_278"]},{"title":"91","paragraphs":["para_280"]},{"title":"92","paragraphs":["para_282"]},{"title":"93","paragraphs":["para_284"]},{"title":"94","paragraphs":["para_286","para_287"]},{"title":"95","paragraphs":["para_289"]},{"title":"96","paragraphs":["para_291"]},{"title":"97","paragraphs":["para_293"]},{"title":"98","paragraphs":["para_295"]},{"title":"99","paragraphs":["para_297"]},{"title":"100","paragraphs":["para_299"]},{"title":"101","paragraphs":["para_301"]},{"title":"102","paragraphs":["para_303"]},{"title":"103","paragraphs":["para_305"]},{"title":"104","paragraphs":["para_307"]},{"title":"105","paragraphs":["para_309"]},{"title":"106","paragraphs":["para_311"]},{"title":"107","paragraphs":["para_313"]},{"title":"108","paragraphs":["para_315"]},{"title":"109","paragraphs":["para_317"]},{"title":"110","paragraphs":["para_319"]},{"title":"111","paragraphs":["para_321"]},{"title":"112","paragraphs":["para_323"]},{"title":"113","paragraphs":["para_325"]},{"title":"114","paragraphs":["para_327"]},{"title":"115","paragraphs":["para_329"]},{"title":"116","paragraphs":["para_331"]},{"title":"117","paragraphs":["para_333"]},{"title":"118","paragraphs":["para_335"]},{"title":"119","paragraphs":["para_337"]},{"title":"120","paragraphs":["para_339"]},{"title":"121","paragraphs":["para_341","para_342","para_343","para_344","para_345","para_346","para_347","para_348","para_349","para_350","para_351"]},{"title":"Costs","paragraphs":[]},{"title":"122","paragraphs":["para_354"]},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_356","para_357","para_358","para_359","para_360","para_361","para_362","para_363","para_364","para_365","para_366","para_367","para_368","para_369","para_370","para_371","para_372","para_373","para_374","para_375"]}],"paragraphs":[{"text":"62024CJ0424","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"16 July 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(References for a preliminary ruling – Disciplinary sanctions in the area of sport – Temporary prohibition on the pursuit of certain professional activities, imposed by a national sports association on two directors of a professional football club – Infringement consisting in making or approving fal …","paragraph_id":"para_4"},{"text":"In Joined Cases C‑424/24 and C‑425/24,","paragraph_id":"para_5"},{"text":"REQUESTS for a preliminary ruling under Article 267 TFEU from the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy), made by decisions of 6 June 2024, received at the Court on 17 June 2024, in the proceedings","paragraph_id":"para_6"},{"text":"ZD (C‑424/24),","paragraph_id":"para_7"},{"text":"MI (C‑425/24)","paragraph_id":"para_8"},{"text":"v","paragraph_id":"para_9"},{"text":"Federazione Italiana Giuoco Calcio (FIGC),","paragraph_id":"para_10"},{"text":"Comitato Olimpico Nazionale Italiano (CONI),","paragraph_id":"para_11"},{"text":"Procura federale presso la Federazione Italiana Giuoco Calcio (FIGC) (C‑424/24),","paragraph_id":"para_12"},{"text":"Collegio di garanzia dello sport presso il Comitato Olimpico Nazionale Italiano (CONI) (C‑424/24),","paragraph_id":"para_13"},{"text":"Corte federale d’appello presso la Federazione Italiana Giuoco Calcio (FIGC) (C‑424/24),","paragraph_id":"para_14"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_15"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, J. Passer (Rapporteur), D. Gratsias, B. Smulders and N. Fenger, Judges,","paragraph_id":"para_16"},{"text":"Advocate General: D. Spielmann,","paragraph_id":"para_17"},{"text":"Registrar: E. Sartori, Administrator,","paragraph_id":"para_18"},{"text":"having regard to the written procedure and further to the hearing on 17 September 2025,","paragraph_id":"para_19"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_20"},{"text":"–","paragraph_id":"para_21"},{"text":"ZD, by V. Angiolini, G. Gomitoni and S. Invernizzi, avvocati,","paragraph_id":"para_22"},{"text":"–","paragraph_id":"para_23"},{"text":"MI, by N. Paolantonio, avvocato,","paragraph_id":"para_24"},{"text":"–","paragraph_id":"para_25"},{"text":"Federazione Italiana Giuoco Calcio (FIGC), by G. Viglione, avvocato,","paragraph_id":"para_26"},{"text":"–","paragraph_id":"para_27"},{"text":"Comitato Olimpico Nazionale Italiano (CONI), by A. Angeletti, S. Fidanzia and A. Gigliola, avvocati,","paragraph_id":"para_28"},{"text":"–","paragraph_id":"para_29"},{"text":"the Italian Government, by S. Fiorentino, acting as Agent, and by M. Cherubini and L. D’Ascia, avvocati dello Stato,","paragraph_id":"para_30"},{"text":"–","paragraph_id":"para_31"},{"text":"the Portuguese Government, by C. Alves and P. Barros da Costa, acting as Agents,","paragraph_id":"para_32"},{"text":"–","paragraph_id":"para_33"},{"text":"the European Commission, by S. Baches Opi, G. Conte and F. Ronkes Agerbeek, acting as Agents,","paragraph_id":"para_34"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 18 December 2025,","paragraph_id":"para_35"},{"text":"gives the following","paragraph_id":"para_36"},{"text":"Judgment","paragraph_id":"para_37"},{"text":"1","paragraph_id":"para_38"},{"text":"These requests for a preliminary ruling concern the interpretation of Articles 6 and 19 TEU, of Articles 45, 49, 56, 101 and 102 TFEU, and of Articles 47 to 49 of the Charter of Fundamental Rights of the European Union (‘the Charter’).","paragraph_id":"para_39"},{"text":"2","paragraph_id":"para_40"},{"text":"The requests have been made in two sets of proceedings between (i) ZD, on the one hand, and the Federazione Italiana Giuoco Calcio (Italian Football Federation; ‘the FIGC’), the Comitato Olimpico Nazionale Italiano (Italian National Olympic Committee; ‘the CONI’), the Procura federale presso la Fede …","paragraph_id":"para_41"},{"text":"Legal context","paragraph_id":"para_42"},{"text":"Italian law","paragraph_id":"para_43"},{"text":"The Constitution","paragraph_id":"para_44"},{"text":"3","paragraph_id":"para_45"},{"text":"Under the first paragraph of Article 18 of the Costituzione della Repubblica Italiana (Constitution of the Italian Republic; ‘the Constitution’):","paragraph_id":"para_46"},{"text":"‘Citizens have the right to form associations freely, without authorisation, for aims that are not forbidden to individuals by criminal law.’","paragraph_id":"para_47"},{"text":"4","paragraph_id":"para_48"},{"text":"The first paragraph of Article 24 of the Constitution provides:","paragraph_id":"para_49"},{"text":"‘All persons may take legal action to protect their individual rights and legitimate interests.’","paragraph_id":"para_50"},{"text":"5","paragraph_id":"para_51"},{"text":"The first paragraph of Article 103 of the Constitution provides:","paragraph_id":"para_52"},{"text":"‘The Consiglio di Stato [(Council of State, Italy)] and the other bodies of administrative justice shall have jurisdiction to ensure the protection, vis-à-vis the public administration, of legitimate interests and, in specific matters set forth by law, also of individual rights.’","paragraph_id":"para_53"},{"text":"6","paragraph_id":"para_54"},{"text":"Article 113 of the Constitution is worded as follows:","paragraph_id":"para_55"},{"text":"‘The judicial safeguarding of rights and legitimate interests before the courts of ordinary or administrative justice shall always be permitted against acts of the public administration. Such judicial protection may not be excluded or limited to specific remedies or for certain categories of decisions. The law shall establish which judicial bodies may annul decisions taken by the public administration in the cases and with the effects provided for by the law itself.’","paragraph_id":"para_56"},{"text":"Code of Administrative Procedure","paragraph_id":"para_57"},{"text":"7","paragraph_id":"para_58"},{"text":"Article 1(1) of the codice del processo amministrativo (Code of Administrative Procedure) states:","paragraph_id":"para_59"},{"text":"‘The administrative courts shall ensure full and effective protection, in accordance with the principles of the Constitution and of EU law.’","paragraph_id":"para_60"},{"text":"8","paragraph_id":"para_61"},{"text":"Article 30(6) of that code provides:","paragraph_id":"para_62"},{"text":"‘The administrative courts shall have exclusive jurisdiction to hear and determine any claim for compensation for harm resulting from the infringement of legitimate interests or, in the areas falling within their exclusive jurisdiction, of individual rights.’","paragraph_id":"para_63"},{"text":"9","paragraph_id":"para_64"},{"text":"Article 133(1) of that code provides:","paragraph_id":"para_65"},{"text":"‘The administrative courts shall have exclusive jurisdiction to hear and determine, save where otherwise provided by law:","paragraph_id":"para_66"},{"text":"…","paragraph_id":"para_67"},{"text":"(z)","paragraph_id":"para_68"},{"text":"disputes concerning decisions of [the CONI] or of sports federations which are not reserved for sports judicial bodies, and excluding disputes relating to the economic relationships between companies, associations and athletes.","paragraph_id":"para_69"},{"text":"…’","paragraph_id":"para_70"},{"text":"Law No 280/2003","paragraph_id":"para_71"},{"text":"10","paragraph_id":"para_72"},{"text":"Articles 1 to 3 of the decreto-legge n. 220 – Disposizioni urgenti in materia di giustizia sportiva (Decree-Law No 220 on urgent provisions in the field of sports justice) of 19 August 2003 (GURI No 192 of 20 August 2003, p. 4), converted into law, with amendments, by the legge n. 280 (Law No 280) of 17 October 2003 (GURI No 243 of 18 October 2003, p. 4) (‘Law No 280/2003’), are worded as follows:","paragraph_id":"para_73"},{"text":"‘Article 1 – General principles","paragraph_id":"para_74"},{"text":"1. The Republic recognises and promotes the autonomy of national sports law as an expression of international sports law falling within the purview of the International Olympic Committee.","paragraph_id":"para_75"},{"text":"2. The relationship between sports law and the law of the Republic is governed by the principle of autonomy, except in cases where situations involving individual rights linked to sports law are of relevance to the legal system of the Republic.","paragraph_id":"para_76"},{"text":"Article 2 – Autonomy of sports law","paragraph_id":"para_77"},{"text":"1. In accordance with the principles laid down in Article 1, the regulation of the following matters falls within the area reserved for sports law:","paragraph_id":"para_78"},{"text":"(a)","paragraph_id":"para_79"},{"text":"compliance with and the application of the regulatory, organisational and statutory provisions of national sports law and its branches in order to guarantee the proper conduct of sporting activities;","paragraph_id":"para_80"},{"text":"(b)","paragraph_id":"para_81"},{"text":"conduct falling within the disciplinary field and the imposition and application of the related sports disciplinary sanctions.","paragraph_id":"para_82"},{"text":"2. In the matters referred to in paragraph 1, clubs, associations, members and affiliates shall be required, in accordance with the provisions of the statutes and regulations of [the CONI] and of the sports federations, to bring such matters before the sports judicial bodies …","paragraph_id":"para_83"},{"text":"…","paragraph_id":"para_84"},{"text":"Article 3 – Rules of jurisdiction and transitional provisions","paragraph_id":"para_85"},{"text":"1. Once the instances of sports justice have been exhausted and without prejudice to the jurisdiction of the ordinary courts to hear and determine matters concerning the economic relationships between clubs, associations and athletes, any other dispute concerning acts of [the CONI] or the sports fed …","paragraph_id":"para_86"},{"text":"…’","paragraph_id":"para_87"},{"text":"The FIGC Sports Justice Code","paragraph_id":"para_88"},{"text":"11","paragraph_id":"para_89"},{"text":"The rules pursuant to which the sanctions at issue in the main proceedings were imposed is the codice di giustizia sportiva della FIGC (FIGC Sports Justice Code).","paragraph_id":"para_90"},{"text":"12","paragraph_id":"para_91"},{"text":"Under Article 2(1) of that code, the code applies, inter alia, to ‘directors’ who carry on a professional activity in the area of sport.","paragraph_id":"para_92"},{"text":"13","paragraph_id":"para_93"},{"text":"Article 4 of that code, entitled ‘Mandatory nature of the general provisions’, provides:","paragraph_id":"para_94"},{"text":"‘1.   The persons referred to in Article 2 shall be obliged to comply with the Statute, the Code and the Rules of Internal Organisation of the FIGC as well as with other federal standards, and shall abide by the principles of honesty, fairness and integrity in any relationship whatsoever related to sporting activity.","paragraph_id":"para_95"},{"text":"2.   In case of breach of the obligations provided for in paragraph 1, the sanctions laid down in Article 8(1)(a), (b), (c) and (g) and in Article 9(1)(a), (b), (c), (d), (f), (g) and (h) shall be applied.","paragraph_id":"para_96"},{"text":"…’","paragraph_id":"para_97"},{"text":"14","paragraph_id":"para_98"},{"text":"Article 9(1)(f) of that code, which provides for one of the sanctions referred to in Article 4(2), refers to ‘disqualification for a specified period within the FIGC, with a possible request for extension to the [Union of European Football Associations (UEFA)]’.","paragraph_id":"para_99"},{"text":"15","paragraph_id":"para_100"},{"text":"Article 31 of the FIGC Sports Justice Code, entitled ‘Offences of an economic or managerial nature’, states, in paragraph 1:","paragraph_id":"para_101"},{"text":"‘The failure to produce, the alteration, or the material or conceptual falsification, even in part, of documents required by the sports judicial bodies, the Commissione di Vigilanza sulle Società di Calcio Professionistiche [(Supervisory Board of Professional Football Clubs, Italy)] and the Federati …","paragraph_id":"para_102"},{"text":"The disputes in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_103"},{"text":"16","paragraph_id":"para_104"},{"text":"ZD and MI are, respectively, a former chairman and a former member of the board of directors of Juventus Football Club SpA, which is a professional football club established in Italy (‘Juventus’). It is common ground that they were, on that basis, ‘directors’ carrying on a professional activity in the area of sport, within the meaning of Article 2(1) of the FIGC Sports Justice Code.","paragraph_id":"para_105"},{"text":"17","paragraph_id":"para_106"},{"text":"The FIGC is an association governed by private law, headquartered in Italy. Its purpose is to promote and regulate professional and amateur football in that Member State. It is a member of the Fédération internationale de football association (FIFA) and of UEFA.","paragraph_id":"para_107"},{"text":"18","paragraph_id":"para_108"},{"text":"The CONI, for its part, is a body governed by public law, headquartered in Italy. According to the referring court, it is responsible for coordinating the activities of the various Italian sports associations.","paragraph_id":"para_109"},{"text":"19","paragraph_id":"para_110"},{"text":"On 1 April 2022, the Federal Public Prosecutor’s Office, which is the body of the FIGC competent for disciplinary proceedings, brought an action before the Tribunale federale nazionale presso la Federazione Italiana Giuoco Calcio, sezione disciplinare (National Federal Court at the FIGC, Disciplinar …","paragraph_id":"para_111"},{"text":"20","paragraph_id":"para_112"},{"text":"By a decision of 22 April 2022, the Federal Court, which is the body within the FIGC competent, inter alia, in matters relating to disciplinary sanctions, acquitted all the natural and legal persons concerned by that action.","paragraph_id":"para_113"},{"text":"21","paragraph_id":"para_114"},{"text":"The Federal Public Prosecutor’s Office lodged an appeal against that decision with the Federal Court of Appeal.","paragraph_id":"para_115"},{"text":"22","paragraph_id":"para_116"},{"text":"By a decision of 27 May 2022, the Federal Court of Appeal upheld the decision of the Federal Court.","paragraph_id":"para_117"},{"text":"23","paragraph_id":"para_118"},{"text":"On 24 November 2022, the Federal Public Prosecutor’s Office received from the procura della Repubblica presso il Tribunale di Torino (public prosecutor at the District Court, Turin, Italy) a copy of the documents contained in the file pertaining to criminal proceedings initiated in parallel by the P …","paragraph_id":"para_119"},{"text":"24","paragraph_id":"para_120"},{"text":"In January 2023, the Federal Court of Appeal adopted a decision by which it granted that action for revision. By that decision, the Federal Court of Appeal, inter alia, imposed on ZD and MI each a disciplinary sanction consisting in a prohibition on the pursuit of professional activities within the …","paragraph_id":"para_121"},{"text":"25","paragraph_id":"para_122"},{"text":"That decision was challenged by ZD and by MI before the Sport Guarantee Board.","paragraph_id":"para_123"},{"text":"26","paragraph_id":"para_124"},{"text":"By a decision of 8 May 2023, the Sport Guarantee Board dismissed the appeal lodged by ZD and that lodged by MI.","paragraph_id":"para_125"},{"text":"27","paragraph_id":"para_126"},{"text":"On 25 May 2023, an order that there was no need to adjudicate was made in the criminal proceedings referred to in paragraph 23 above.","paragraph_id":"para_127"},{"text":"28","paragraph_id":"para_128"},{"text":"Subsequently, ZD and MI brought before the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy), the referring court, an action against the decisions successively adopted by the Federal Court of Appeal and by the Sports Guarantee Board, in so far as those decisions concern them.","paragraph_id":"para_129"},{"text":"29","paragraph_id":"para_130"},{"text":"In its orders for reference, the referring court states, in the first place, that, by their respective actions, ZD and MI claim, primarily, that it should suspend and annul the disciplinary sanction imposed on each of them by the Federal Court of Appeal and, in the alternative only, that it should o …","paragraph_id":"para_131"},{"text":"30","paragraph_id":"para_132"},{"text":"According to the referring court, in two judgments of 7 February 2011 and of 17 April 2019, the Corte costituzionale (Constitutional Court) took the view, in essence, that Articles 2 and 3 of Law No 280/2003 must be interpreted as conferring on the ‘sports judicial bodies’, including the Federal Cou …","paragraph_id":"para_133"},{"text":"31","paragraph_id":"para_134"},{"text":"The referring court states that, as is apparent from those judgments, the Corte costituzionale (Constitutional Court) bases that interpretation of the various provisions at issue of Law No 280/2003 and of the Code of Administrative Procedure on the finding that those provisions are the result of a ‘ …","paragraph_id":"para_135"},{"text":"32","paragraph_id":"para_136"},{"text":"In the second place, the referring court considers it necessary to ask the Court of Justice about the interpretation of EU law in order to be able to rule both on the admissibility of the actions brought before it by ZD and MI and on the merits thereof.","paragraph_id":"para_137"},{"text":"33","paragraph_id":"para_138"},{"text":"In the third and last place, the referring court states, in essence, that it is uncertain, for three sets of reasons, whether Law No 280/2003 complies with EU law.","paragraph_id":"para_139"},{"text":"34","paragraph_id":"para_140"},{"text":"In that regard, first of all, it asks whether that law is contrary to the second subparagraph of Article 19(1) TEU and to Article 47 of the Charter. That law requires persons on whom national sports associations have imposed disciplinary sanctions liable to have a serious punitive effect, such as th …","paragraph_id":"para_141"},{"text":"35","paragraph_id":"para_142"},{"text":"Next, the referring court asks whether it is permissible to impose disciplinary sanctions such as those at issue in the main proceedings in the case of an offence consisting in a failure to observe the ‘principles of honesty, fairness and integrity’ referred to in Articles 4 and 31 of the FIGC Code …","paragraph_id":"para_143"},{"text":"36","paragraph_id":"para_144"},{"text":"Lastly, the referring court asks whether such disciplinary sanctions, and, more broadly, the existence and exercise of the power to impose them on persons subject to the powers of a national sports association such as the FIGC, must be considered in the light of the freedoms of movement guaranteed b …","paragraph_id":"para_145"},{"text":"37","paragraph_id":"para_146"},{"text":"In those circumstances, in Case C‑424/24, the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_147"},{"text":"‘(1)","paragraph_id":"para_148"},{"text":"Must EU law, and in particular Articles 6 and 19 TEU, in the light of Article 47 of [the Charter] and Article 6 of the [Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (“the ECHR”)], in relation to the principle of effective judicial protecti …","paragraph_id":"para_149"},{"text":"(2)","paragraph_id":"para_150"},{"text":"Must EU law, and in particular Articles 6 and 19 TEU, interpreted in the light of Articles 47, 48 and 49 of [the Charter] and Articles 6 and 7 [ECHR], be interpreted, so as to ensure observance of the principles of legality of criminal offences and penalties, of legal certainty and sufficient precis …","paragraph_id":"para_151"},{"text":"(3)","paragraph_id":"para_152"},{"text":"Must EU law, and in particular Articles 45, 49, 56, 101 and 102 TFEU and Article 47 of [the Charter], be interpreted as precluding a national provision, such as Article 2 of [Law No 280/2003], from allowing sports bodies to impose a disciplinary sanction on a manger of a sports club operating at international level which prohibits him or her from undertaking professional activities for 24 months at national and supranational level?’","paragraph_id":"para_153"},{"text":"38","paragraph_id":"para_154"},{"text":"In identical circumstances, in Case C‑425/24, the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_155"},{"text":"‘(1)","paragraph_id":"para_156"},{"text":"Must EU law, and in particular Articles 6 and 19 TEU, interpreted in the light of Article 47 of [the Charter] and [Article] 6 [ECHR], be interpreted, in order to ensure observance of the principles of full and effective judicial protection, as precluding a national provision, such as Article 2 of [L …","paragraph_id":"para_157"},{"text":"(2)","paragraph_id":"para_158"},{"text":"Must EU law, and in particular [Articles] 6 and 19 TEU, interpreted in the light of Articles 47, 48 and 49 of [the Charter] and Articles 6 and 7 [ECHR], be interpreted, in order to ensure observance of the principles of the legality of criminal offences and penalties, of legal certainty and precisio …","paragraph_id":"para_159"},{"text":"(3)","paragraph_id":"para_160"},{"text":"Must EU law, and in particular Articles 101 and 102, 45, 49 and 56 TFEU and Article 47 of [the Charter], be interpreted as precluding a national provision, such as Article 2 of [Law No 280/2003], which allows sports bodies to impose a disciplinary sanction prohibiting a sports manager from undertaking professional activities for 24 months at national and supranational level?’","paragraph_id":"para_161"},{"text":"Consideration of the questions referred","paragraph_id":"para_162"},{"text":"39","paragraph_id":"para_163"},{"text":"The first question which the referring court asks the Court of Justice in each of the present joined cases is intended to enable the referring court to rule on the compatibility with EU law of national legislation that lays down the remedies ensuring judicial protection for individuals against the sanctions which a national sports association may impose on them.","paragraph_id":"para_164"},{"text":"40","paragraph_id":"para_165"},{"text":"The second and third questions which the referring court puts to the Court of Justice in each of these joined cases are intended to enable the referring court to rule on the compatibility with EU law of that national legislation inasmuch as that legislation allows a national sports association to impose such sanctions in the first place.","paragraph_id":"para_166"},{"text":"41","paragraph_id":"para_167"},{"text":"Having regard to their respective subject matter, it is appropriate to answer, in the first place and together, those second and third questions, and then, in the second place, the first questions in those cases.","paragraph_id":"para_168"},{"text":"Second and third questions referred in Cases C‑424/24 and C‑425/24","paragraph_id":"para_169"},{"text":"42","paragraph_id":"para_170"},{"text":"By its second and third questions in the present joined cases, the referring court asks, in essence, whether EU law, and, more specifically, Article 6 and the second subparagraph of Article 19(1) TEU, Articles 45, 49, 56, 101 and 102 TFEU and Article 47 of the Charter, read in the light of Articles …","paragraph_id":"para_171"},{"text":"Admissibility","paragraph_id":"para_172"},{"text":"43","paragraph_id":"para_173"},{"text":"Having regard to the provisions of EU law to which the referring court points and to the written and oral observations which have been submitted to the Court by the parties to the main proceedings, by the governments concerned and by the European Commission, it must be borne in mind, in the first pl …","paragraph_id":"para_174"},{"text":"44","paragraph_id":"para_175"},{"text":"Those cumulative requirements concerning the content of an order for reference are expressly set out in Article 94 of the Rules of Procedure of the Court of Justice, of which the referring court is supposed, in the context of the cooperation instituted by Article 267 TFEU, to be aware and which it i …","paragraph_id":"para_176"},{"text":"45","paragraph_id":"para_177"},{"text":"Those requirements are of particular importance in those fields which are characterised by complex factual and legal situations, such as competition (judgments of 21 December 2023, European Superleague Company, C‑333/21 , EU:C:2023:1011 , paragraph  59 and the case-law cited, and of 4 October 2024, FIFA, C‑650/22 , EU:C:2024:824 , paragraph  63 ).","paragraph_id":"para_178"},{"text":"46","paragraph_id":"para_179"},{"text":"In the present case, in its orders for reference, the referring court does not sufficiently explain either the reasons why it asks the Court to interpret Articles 49, 101 and 102 TFEU or the link which it establishes between, on the one hand, freedom of establishment, the prohibition of agreements, …","paragraph_id":"para_180"},{"text":"47","paragraph_id":"para_181"},{"text":"Furthermore, the referring court does not set out with sufficient clarity and precision the reasons why it considers that the compatibility of Article 2 of Law No 280/2003 with Article 6 TEU, read in the light of Articles 47 to 49 of the Charter, should be examined. Moreover, that court does not explain the link which it seeks to establish between those provisions of EU law and the national legislation applicable to the disputes in the main proceedings.","paragraph_id":"para_182"},{"text":"48","paragraph_id":"para_183"},{"text":"As regards those two aspects, its requests for a preliminary ruling therefore do not meet the requirements of Article 94(c) of the Rules of Procedure.","paragraph_id":"para_184"},{"text":"49","paragraph_id":"para_185"},{"text":"Consequently, the second and third questions in the present joined cases are inadmissible inasmuch as they concern the interpretation of Articles 49, 101 and 102 TFEU and of Article 6 TEU, read in the light of Articles 47 to 49 of the Charter.","paragraph_id":"para_186"},{"text":"50","paragraph_id":"para_187"},{"text":"In the second place, the FEU Treaty provisions on the freedom of movement of workers, the freedom of establishment, the freedom to provide services and the free movement of capital do not apply to a situation which is confined in all respects within a single Member State, subject to certain specific …","paragraph_id":"para_188"},{"text":"51","paragraph_id":"para_189"},{"text":"In the present case, the disputes in the main proceedings do not concern situations that are confined in all respects within a single Member State, within the meaning of that case-law, and that are, consequently, lacking a cross-border nature, contrary to what is claimed, in particular, by the defen …","paragraph_id":"para_190"},{"text":"52","paragraph_id":"para_191"},{"text":"Consequently, the second and third questions in the present joined cases are admissible inasmuch as they concern the interpretation of Articles 45 and 56 TFEU.","paragraph_id":"para_192"},{"text":"53","paragraph_id":"para_193"},{"text":"In the third and last place, having regard to the respective subject matter of those second and third questions, on the one hand, and of the first questions, on the other, as set out in paragraphs 39 and 40 above, it must be stated that the second subparagraph of Article 19(1) TEU, under which ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’, is relevant only to the answer to the first questions.","paragraph_id":"para_194"},{"text":"54","paragraph_id":"para_195"},{"text":"It follows that, by those second and third questions, the referring court must be deemed to be asking, in essence, only whether Articles 45 and 56 TFEU must be interpreted as precluding national legislation, as interpreted by the national courts having jurisdiction, which allows a national sports as …","paragraph_id":"para_196"},{"text":"Substance","paragraph_id":"para_197"},{"text":"–  Whether the fundamental freedoms of movement apply to sports associations","paragraph_id":"para_198"},{"text":"55","paragraph_id":"para_199"},{"text":"Having regard to the content of the second and third questions in the present joined cases and to the subject matter of the national legislation to which those questions refer, it must be borne in mind, in the first place, that respect for the fundamental freedoms of movement enshrined in the FEU Tr …","paragraph_id":"para_200"},{"text":"56","paragraph_id":"para_201"},{"text":"In particular, national or international sports associations governed by private law must comply with Articles 45 and 56 TFEU where they adopt rules relating to paid work or the performance of services by professional or semi-professional players and, more broadly, rules which, whilst not formally g …","paragraph_id":"para_202"},{"text":"57","paragraph_id":"para_203"},{"text":"The question whether national sports associations which have competence to adopt and apply, respectively, the arrangements at issue in the main proceedings come within the scope of national public law, as appears to be the case with CONI, or under national private law, as appears to be the case with …","paragraph_id":"para_204"},{"text":"58","paragraph_id":"para_205"},{"text":"Similarly, the fact that the legal autonomy of those associations has been recognised by the national law of the Member State in which they are established, as is the case here, also has no bearing on that interpretation or on that application. Whatever legal significance that law attaches to such r …","paragraph_id":"para_206"},{"text":"59","paragraph_id":"para_207"},{"text":"Consequently, whether or not there is such recognition, such national sports associations, whilst having legal autonomy allowing them to adopt and apply certain rules, such as rules on the organisation of competitions in their respective discipline, the proper functioning of those competitions and t …","paragraph_id":"para_208"},{"text":"–  Whether there is an obstacle to the freedoms of movement for workers and the freedom to provide services","paragraph_id":"para_209"},{"text":"60","paragraph_id":"para_210"},{"text":"As regards, in the second place, the existence of a possible obstacle to the fundamental freedoms of movement laid down by the FEU Treaty, it follows from settled case-law, first, that Article 45 TFEU, which has direct effect, precludes any measure, whether it is based on nationality or is applicabl …","paragraph_id":"para_211"},{"text":"61","paragraph_id":"para_212"},{"text":"Second, Article 56 TFEU, which enshrines the freedom to provide services for the benefit of both providers and recipients of such services, precludes any measures, even those which are applicable without distinction, which restrict the exercise of that freedom by prohibiting, impeding or rendering l …","paragraph_id":"para_213"},{"text":"62","paragraph_id":"para_214"},{"text":"In the present case, the measures at issue in the main proceedings are, as is apparent from the wording of the questions put by the referring court and from the statements of that court set out in paragraph 51 above, two sanctions prohibiting the pursuit, for a period of 24 months, of professional a …","paragraph_id":"para_215"},{"text":"63","paragraph_id":"para_216"},{"text":"In that regard, it should be noted that, since the legal autonomy enjoyed by legal persons such as the national sports associations which are the defendants in the main proceedings allows those legal persons to adopt a certain number of rules, and in particular rules intended to organise collectivel …","paragraph_id":"para_217"},{"text":"64","paragraph_id":"para_218"},{"text":"By contrast, the imposition of a sanction on an individual in a given case, under such provisions, is liable, depending on the legal and practical nature and scope of that sanction, to impede the fundamental freedom of movement enjoyed by that individual, whether it be the freedom of movement for wo …","paragraph_id":"para_219"},{"text":"65","paragraph_id":"para_220"},{"text":"Such a sanction does not merely have as its potential consequence but in fact has as its aim the prohibition of the pursuit by the person on whom it has been imposed of the professional activity concerned, and therefore of his or her economic activity, not only in his or her Member State of origin but also in other countries, including in all the other Member States.","paragraph_id":"para_221"},{"text":"66","paragraph_id":"para_222"},{"text":"It follows, in the present case, that the sanctions at issue in the main proceedings are such as to hinder the freedom of movement for workers or the freedom to provide services of the directors on whom those sanctions were imposed, depending on the legal regime under which those directors are liable to carry on professional activities in Member States other than the Italian Republic.","paragraph_id":"para_223"},{"text":"–  Whether there is any objective justification","paragraph_id":"para_224"},{"text":"67","paragraph_id":"para_225"},{"text":"In the third and last place, it follows from settled case-law that measures of non-State origin may be permitted even though they are liable to impede a fundamental freedom of movement enshrined in the FEU Treaty, if it is proven, first, that their adoption pursues a legitimate objective in the publ …","paragraph_id":"para_226"},{"text":"68","paragraph_id":"para_227"},{"text":"Similarly to situations involving a measure of State origin, it is for the party who introduced those measures of non-State origin to demonstrate that those two cumulative conditions are met (judgments of 21 December 2023, European Superleague Company, C‑333/21 , EU:C:2023:1011 , paragraph  252 , and of 4 October 2024, FIFA, C‑650/22 , EU:C:2024:824 , paragraph  96 ).","paragraph_id":"para_228"},{"text":"69","paragraph_id":"para_229"},{"text":"In the present case, it will therefore be for the referring court to determine whether the sanctions at issue in the main proceedings meet those cumulative conditions, in the light of the arguments and evidence put forward by the parties. Having regard to those arguments and those factors, however, the Court is in a position to provide the referring court with the following guidance.","paragraph_id":"para_230"},{"text":"70","paragraph_id":"para_231"},{"text":"As regards, first, the existence of one or more legitimate objectives in the public interest compatible with the FEU Treaty, it should be noted that that must be assessed by taking into account, where necessary, the specific characteristics of the sporting discipline falling within the responsibilit …","paragraph_id":"para_232"},{"text":"71","paragraph_id":"para_233"},{"text":"In the present case, it is apparent from the statements of the referring court that the sanctions at issue in the main proceedings were imposed on the directors who are the applicants in the main proceedings on the ground that those persons had failed to observe the principles of honesty, fairness a …","paragraph_id":"para_234"},{"text":"72","paragraph_id":"para_235"},{"text":"In that regard, as the Advocate General observed, in essence, in points 67 and 68 of his Opinion, it must be accepted that rules which seek to ensure, by means of disciplinary sanctions, effective compliance with the financial and accounting standards applicable to football clubs and the accuracy an …","paragraph_id":"para_236"},{"text":"73","paragraph_id":"para_237"},{"text":"Those competitions are characterised, inter alia, by the fact that, although participation therein is limited to teams which have achieved certain sporting results, with the conduct of those competitions being based on matches between and gradual elimination of those teams, and thus on sporting meri …","paragraph_id":"para_238"},{"text":"74","paragraph_id":"para_239"},{"text":"That financial balance, and therefore, ultimately, the sporting balance, and the proper conduct of sporting competitions to which it contributes, would risk being disrupted or destroyed if it were open to directors who carry on a professional activity in the area of football to engage with impunity …","paragraph_id":"para_240"},{"text":"75","paragraph_id":"para_241"},{"text":"As regards, second, observance of the principle of proportionality, it should be noted that the adoption of provisions allowing the imposition of sanctions such as those at issue in the main proceedings is, in itself, an appropriate means of ensuring the achievement of the objective referred to in paragraph 72 above.","paragraph_id":"para_242"},{"text":"76","paragraph_id":"para_243"},{"text":"That is particularly the case with regard to the adoption of provisions allowing the imposition of sanctions such as prohibitions on the pursuit of professional activities within the FIGC for a specified period which may be imposed on directors such as the applicants in the main proceedings, which t …","paragraph_id":"para_244"},{"text":"77","paragraph_id":"para_245"},{"text":"In that regard, it is for the referring court to ascertain whether the adoption of provisions allowing the imposition of sanctions such as those referred to in the two preceding paragraphs of the present judgment genuinely reflects a concern to attain in a consistent and systematic manner the object …","paragraph_id":"para_246"},{"text":"78","paragraph_id":"para_247"},{"text":"In addition, it is for the referring court to ascertain, first, whether the determination of those sanctions, in each individual case, is subject to transparent, objective and non-discriminatory criteria (see, to that effect, judgments of 21 December 2023, European Superleague Company, C‑333/21 , EU:C:2023:1011 , paragraph  257 , and of 4 October 2024, FIFA, C‑650/22 , EU:C:2024:824 , paragraph  111 ).","paragraph_id":"para_248"},{"text":"79","paragraph_id":"para_249"},{"text":"Second, those criteria must ensure that account can be taken of all the relevant circumstances of each specific case and, in particular, of the nature, duration and gravity of the infringement found. The body responsible for applying those criteria on a case-by-case basis and for making that determi …","paragraph_id":"para_250"},{"text":"80","paragraph_id":"para_251"},{"text":"In the light of all the foregoing considerations, the answer to the second and third questions in the present joined cases is that Articles 45 and 56 TFEU must be interpreted as not precluding national legislation, as interpreted by the national courts having jurisdiction, which allows a national sp …","paragraph_id":"para_252"},{"text":"–","paragraph_id":"para_253"},{"text":"the adoption of provisions which allow that association to impose such a sanction pursues one or more legitimate objectives in the public interest compatible with the FEU Treaty, other than an objective of a purely economic nature; and","paragraph_id":"para_254"},{"text":"–","paragraph_id":"para_255"},{"text":"those provisions observe the principle of proportionality, which means that they are appropriate for ensuring the achievement of that objective or of those objectives, in a consistent and systematic manner, and that the determination on a case-by-case basis of the sanctions that those provisions lay …","paragraph_id":"para_256"},{"text":"The first questions in Cases C‑424/24 and C‑425/24","paragraph_id":"para_257"},{"text":"81","paragraph_id":"para_258"},{"text":"By its first questions in the present joined cases, the referring court asks, in essence, whether EU law, and, more specifically, Article 6 TEU and the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter, must be interpreted as precluding national legislation …","paragraph_id":"para_259"},{"text":"82","paragraph_id":"para_260"},{"text":"As a preliminary point, it must be stated that, for reasons analogous to those set out in paragraphs 47 to 49 above, those questions are inadmissible inasmuch as they relate to Article 6 TEU. Consequently, those questions must be answered solely in the light of the second subparagraph of Article 19( …","paragraph_id":"para_261"},{"text":"83","paragraph_id":"para_262"},{"text":"To that end, it is necessary, as a first step, to clarify the scope of the Member States’ obligation, under the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter, generally to ensure effective judicial protection for individuals in the event that a body wit …","paragraph_id":"para_263"},{"text":"The scope of judicial review of sanctions imposed on individuals by sports associations","paragraph_id":"para_264"},{"text":"84","paragraph_id":"para_265"},{"text":"The second subparagraph of Article 19(1) TEU obliges Member States to provide remedies sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law. The principle of the effective judicial protection of individual parties’ rights and freedoms under EU law …","paragraph_id":"para_266"},{"text":"85","paragraph_id":"para_267"},{"text":"It follows from the Court’s case-law, in the first place, that, under the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter, individuals who claim, in the context of a dispute relating to the pursuit of an economic activity in the territory of the European …","paragraph_id":"para_268"},{"text":"86","paragraph_id":"para_269"},{"text":"In the light of the case-law referred to in paragraphs 55 and 56 above, individuals must therefore have available such a remedy, in particular, where they submit, in a dispute relating to the pursuit of an economic activity in the territory of the European Union, that a sanction imposed on them by a …","paragraph_id":"para_270"},{"text":"87","paragraph_id":"para_271"},{"text":"In the second place, the requirement of effective judicial review which is an integral part of the effective judicial protection which the Member States are required to ensure for individuals in the fields covered by EU law, in accordance with the second subparagraph of Article 19(1) TEU, means, fir …","paragraph_id":"para_272"},{"text":"88","paragraph_id":"para_273"},{"text":"In particular, the national court having jurisdiction must be able to review the merits in the light of EU law, first, of the legal and factual reasons why such a sanction was imposed on such an individual (see, to that effect, judgment of 1 August 2025, Royal Football Club Seraing, C‑600/23 , EU:C: …","paragraph_id":"para_274"},{"text":"89","paragraph_id":"para_275"},{"text":"Next, the national court having jurisdiction cannot confine itself to finding, as the case may be, that there has been an infringement of EU law, but must, in principle, also be able to draw, in cases within its jurisdiction and in accordance with the applicable national provisions, all the appropri …","paragraph_id":"para_276"},{"text":"90","paragraph_id":"para_277"},{"text":"In particular, where an infringement of one or more of the fundamental freedoms of movement provided for by the FEU Treaty is at issue, that court must be able, at the request of the individual concerned, not only to find that that infringement exists and to order damages for the harm caused to that …","paragraph_id":"para_278"},{"text":"91","paragraph_id":"para_279"},{"text":"That is especially the case where the measure which is vitiated by such an infringement of EU law is a sanction such as a prohibition on the pursuit of professional activities imposed on an individual. In such a case, the annulment of the act imposing that sanction, to the extent required to remove …","paragraph_id":"para_280"},{"text":"92","paragraph_id":"para_281"},{"text":"Lastly, the national court having jurisdiction must be able to grant interim relief pending the decision on the substance of the case. In the absence of such a possibility, it would not be possible to ensure the full effectiveness of such a decision (see, to that effect, judgment of 1 August 2025, Royal Football Club Seraing, C‑600/23 , EU:C:2025:617 , paragraphs  105 and  106 and the case-law cited).","paragraph_id":"para_282"},{"text":"93","paragraph_id":"para_283"},{"text":"It is true that, in a situation where the reconfiguration of a frequency band had to take place before a date determined in accordance with an act of secondary EU law and where the annulment of acts relating to the allocation of rights to use certain radio frequencies, adopted by the competent natio …","paragraph_id":"para_284"},{"text":"94","paragraph_id":"para_285"},{"text":"However, that is not the case with the situation of persons on whom a sports association has imposed a sanction that infringes the freedoms of movement conferred on them by EU law. The argument put forward by the Italian Government at the hearing that the possible annulment of the sanctions imposed …","paragraph_id":"para_286"},{"text":"Identification of the national court having jurisdiction to review the sanctions imposed on individuals by sports associations","paragraph_id":"para_287"},{"text":"95","paragraph_id":"para_288"},{"text":"In the first place, it must be recalled that, although the organisation of justice in the Member States, in particular, the establishment, composition, powers and functioning of national courts, falls within the competence of those States, the fact remains that, when exercising that competence, the …","paragraph_id":"para_289"},{"text":"96","paragraph_id":"para_290"},{"text":"As has been recalled in paragraph 84 above, under the second subparagraph of Article 19(1) TEU, Member States are to provide remedies sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law. It is therefore for the Member States to establish a system …","paragraph_id":"para_291"},{"text":"97","paragraph_id":"para_292"},{"text":"The second subparagraph of Article 19(1) TEU is intended to apply to any national body which can rule, as a ‘court or tribunal’ within the meaning of EU law, on questions concerning the application or interpretation of that law and which therefore fall within the fields covered by that law (judgment …","paragraph_id":"para_293"},{"text":"98","paragraph_id":"para_294"},{"text":"The Member States must therefore, in accordance with the second subparagraph of Article 19(1) TEU, ensure that all of the bodies which are called upon, as ‘courts or tribunals’ within the meaning of EU law, to rule on questions relating to the application or interpretation of EU law and thus come wi …","paragraph_id":"para_295"},{"text":"99","paragraph_id":"para_296"},{"text":"Those requirements include, first, the requirement that courts be independent, which is inherent in the task of adjudication and which forms part of the essence of the right to effective judicial protection and the fundamental right to a fair hearing, which are of cardinal importance as a guarantee …","paragraph_id":"para_297"},{"text":"100","paragraph_id":"para_298"},{"text":"That requirement that courts be independent has two aspects to it. The first aspect, which is external in nature, requires that the court concerned exercise its functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body and without taking or …","paragraph_id":"para_299"},{"text":"101","paragraph_id":"para_300"},{"text":"The second aspect, which is internal in nature, is linked to ‘impartiality’ and seeks to ensure that an equal distance is maintained from the parties to the proceedings and their respective interests with regard to the subject matter of those proceedings. That aspect requires objectivity and the abs …","paragraph_id":"para_301"},{"text":"102","paragraph_id":"para_302"},{"text":"Those guarantees of independence and impartiality require rules as regards, inter alia, the composition of the body concerned, in order to dispel any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interest …","paragraph_id":"para_303"},{"text":"103","paragraph_id":"para_304"},{"text":"In that regard, it is necessary that judges are protected from external intervention or pressure liable to jeopardise their independence. The rules applicable to the status of judges and the performance of their duties must, in particular, be such as to preclude not only any direct influence, in the …","paragraph_id":"para_305"},{"text":"104","paragraph_id":"para_306"},{"text":"Although the ‘external’ aspect of independence is intended essentially to preserve the independence of the courts from the legislature and the executive in accordance with the principle of the separation of powers which characterises the operation of the rule of law, that aspect must also be underst …","paragraph_id":"para_307"},{"text":"105","paragraph_id":"para_308"},{"text":"Second, bearing in mind the inextricable links which exist between the guarantees of judicial independence and judicial impartiality as well as that of access to a tribunal previously established by law, the second subparagraph of Article 19(1) TEU also requires the existence of a tribunal previousl …","paragraph_id":"para_309"},{"text":"106","paragraph_id":"para_310"},{"text":"The purpose of the phrase ‘previously established by law’ is to prevent the organisation of the judicial system from being left to the discretion of the executive and to ensure that that matter is governed by a law. Nor, moreover, in codified law countries, can the organisation of the judicial syste …","paragraph_id":"para_311"},{"text":"107","paragraph_id":"para_312"},{"text":"A fortiori, the organisation of the judicial system cannot be left to the discretion of professional bodies, including those governed by private law, even though the Court has, on several occasions, already held that such professional bodies may constitute ‘courts or tribunals’ within the meaning of …","paragraph_id":"para_313"},{"text":"108","paragraph_id":"para_314"},{"text":"Furthermore, the concept of ‘a tribunal previously established by law’ refers to the existence of a body that is characterised by its judicial function, consisting in determining matters within its competence on the basis of rules of law and after proceedings conducted in a prescribed manner. Such a …","paragraph_id":"para_315"},{"text":"109","paragraph_id":"para_316"},{"text":"Those guarantees include the principle that the parties should be heard, which is an integral part of the right to a fair hearing and to effective judicial protection. That principle means, in particular, that the parties must be able to debate and be heard on all matters of fact and of law which wi …","paragraph_id":"para_317"},{"text":"110","paragraph_id":"para_318"},{"text":"Third, the body concerned must, in accordance with the second subparagraph of Article 19(1) TEU, be in a position to exercise effective judicial review over the acts, measures or behaviour which it is called on to examine in cases within its jurisdiction, as is apparent from paragraphs 87 to 92 above.","paragraph_id":"para_319"},{"text":"111","paragraph_id":"para_320"},{"text":"In the second place, the principle of effective judicial protection, as now enshrined in Article 47 of the Charter, which, as has been noted in paragraph 82 above, must be duly taken into consideration for the purpose of interpreting the second subparagraph of Article 19(1) TEU, does not afford a ri …","paragraph_id":"para_321"},{"text":"112","paragraph_id":"para_322"},{"text":"Consequently, although EU law does not preclude the Member States from creating a second level of jurisdiction, capable of enhancing the effective judicial protection of individuals, whether generally or in a specific area, it also does not require them to do so.","paragraph_id":"para_323"},{"text":"113","paragraph_id":"para_324"},{"text":"In the light of the case-law recalled in paragraph 111 above, it must be noted, in the third and last place, that, in a situation such as those at issue in the main proceedings, it is only if it transpires that none of the bodies involved in the various ‘instances of national sports justice’, to whi …","paragraph_id":"para_325"},{"text":"114","paragraph_id":"para_326"},{"text":"Were it to transpire that, at the very least, the judicial body of the sports association which gives a decision at last instance meets those cumulative requirements, that is to say, if it can be classified as a ‘court or tribunal’ providing the requisite guarantees of independence and impartiality, …","paragraph_id":"para_327"},{"text":"115","paragraph_id":"para_328"},{"text":"Consequently, it is for the referring court to determine whether, at the very least, the judicial body of the sports association which gives a decision at last instance actually meets those cumulative requirements, in the light of the following guidance.","paragraph_id":"para_329"},{"text":"116","paragraph_id":"para_330"},{"text":"As regards, first, the requirements of independence and impartiality, it must be noted that, although the parties to the main proceedings and some of the governments concerned discussed them at length before the Court, the referring court, for its part, referred to them only incidentally and on an a …","paragraph_id":"para_331"},{"text":"117","paragraph_id":"para_332"},{"text":"As regards, second, the requirement that the bodies in question must be previously established by law, it should be noted that it cannot be regarded as having been met solely on the ground that the national legislation at issue in the main proceedings states that the persons concerned are ‘required, …","paragraph_id":"para_333"},{"text":"118","paragraph_id":"para_334"},{"text":"It is therefore for the referring court to determine whether those various aspects are provided for by a law other than the national legislation in respect of which that court is uncertain. In that regard, it must be noted that, although arrangements adopted by a national sports association do not i …","paragraph_id":"para_335"},{"text":"119","paragraph_id":"para_336"},{"text":"Furthermore, provided that the requirement referred to in the two preceding paragraphs of the present judgment is met, it will be for the referring court to ascertain whether the bodies in question have a genuinely judicial function, as opposed, for example, to a disciplinary function. If that prove …","paragraph_id":"para_337"},{"text":"120","paragraph_id":"para_338"},{"text":"As regards, third, the judicial review which may be exercised by such bodies of sanctions such as those at issue in the main proceedings, it is again for the referring court alone, in the absence of any information in the case files before the Court or of any information in the orders for reference, to determine whether it meets the requirements recalled in paragraphs 87 to 92 above.","paragraph_id":"para_339"},{"text":"121","paragraph_id":"para_340"},{"text":"In the light of all the foregoing considerations, the answer to the first questions in the present joined cases is that the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter, must be interpreted as not precluding national legislation, as interpreted by the …","paragraph_id":"para_341"},{"text":"–","paragraph_id":"para_342"},{"text":"is a ‘court or tribunal’ within the meaning of EU law, providing the requisite guarantees of independence and impartiality;","paragraph_id":"para_343"},{"text":"–","paragraph_id":"para_344"},{"text":"is previously established by law, as regards its existence, composition and organisation;","paragraph_id":"para_345"},{"text":"–","paragraph_id":"para_346"},{"text":"has a judicial function;","paragraph_id":"para_347"},{"text":"–","paragraph_id":"para_348"},{"text":"the procedure before it offers the requisite guarantees, in particular those relating to respect for the rights of the defence and observance of the principle that the parties should be heard, and","paragraph_id":"para_349"},{"text":"–","paragraph_id":"para_350"},{"text":"is in a position to exercise prior effective judicial review of that sanction.","paragraph_id":"para_351"},{"text":"Costs","paragraph_id":"para_352"},{"text":"122","paragraph_id":"para_353"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_354"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_355"},{"text":"1.","paragraph_id":"para_356"},{"text":"Articles 45 and 56 TFEU must be interpreted as not precluding national legislation, as interpreted by the national courts having jurisdiction, which allows a national sports association, in view of the legal autonomy which it has under national law, to impose on sporting directors a sanction consist …","paragraph_id":"para_357"},{"text":"–","paragraph_id":"para_358"},{"text":"the adoption of provisions which allow that association to impose such a sanction pursues one or more legitimate objectives in the public interest compatible with the FEU Treaty, other than an objective of a purely economic nature; and","paragraph_id":"para_359"},{"text":"–","paragraph_id":"para_360"},{"text":"those provisions observe the principle of proportionality, which means that they are appropriate for ensuring the achievement of that objective or of those objectives, in a consistent and systematic manner, and that the determination on a case-by-case basis of the sanctions that those provisions lay …","paragraph_id":"para_361"},{"text":"2.","paragraph_id":"para_362"},{"text":"The second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation, as interpreted by the national courts having jurisdiction, that limits the powers of the national …","paragraph_id":"para_363"},{"text":"–","paragraph_id":"para_364"},{"text":"is a ‘court or tribunal’ within the meaning of EU law, providing the requisite guarantees of independence and impartiality;","paragraph_id":"para_365"},{"text":"–","paragraph_id":"para_366"},{"text":"is previously established by law, as regards its existence, composition and organisation;","paragraph_id":"para_367"},{"text":"–","paragraph_id":"para_368"},{"text":"has a judicial function;","paragraph_id":"para_369"},{"text":"–","paragraph_id":"para_370"},{"text":"the procedure before it offers the requisite guarantees, in particular those relating to respect for the rights of the defence and observance of the principle that the parties should be heard, and","paragraph_id":"para_371"},{"text":"–","paragraph_id":"para_372"},{"text":"is in a position to exercise prior effective judicial review of that sanction.","paragraph_id":"para_373"},{"text":"[Signatures]","paragraph_id":"para_374"},{"text":"(\n *1\n ) Language of the case: Italian.","paragraph_id":"para_375"}],"word_count":14618,"cites":["C-424/24","C-425/24","C-718/23","C-721/23","C-60/24","C-333/21","C-650/22","C-411/98","C-22/18","C-415/93","C-600/23","C-680/21","C-133/24","C-896/19","C-497/20","C-510/24","C-764/23","C-766/23","C-204/21","C-554/21","C-622/21","C-727/21","C-558/18","C-563/18","C-430/21","C-791/19","C-585/18","C-624/18","C-625/18","C-55/20","C-69/10","C-169/14","C-431/22"],"cited_by":[],"sha256":"95ac977f3be7ae66647f71271d381724022e6673980d2a80394832478b63fbe6","source_url":"https://publications.europa.eu/resource/celex/62024CJ0424.ENG.xhtml.ECR_62024CJ0424_EN_01.html","fetched_at":"2026-10-01T20:39:41.392+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/m-l-c-424-24","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:m-l-c-424-24","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:m-l-c-424-24","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:m-l-c-424-24"},"hash":"sha256:ced2fc52d7ead1069dfd48e2dcf1b0a393efa1c0f50b2784ccd334055e8165c9","version":"legal-2026-10-10","expires":"2026-10-11T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-10+legal-2026-10-10+2026-10-10T15:15:07","content_hash":"sha256:ced2fc52d7ead1069dfd48e2dcf1b0a393efa1c0f50b2784ccd334055e8165c9","revalidate_after":"2026-10-10T16:21:17.061Z","max_copy_age_seconds":3600,"policy":"revalidate-required; 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