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Exclusive jurisdiction of the administrative judge on compensation for unlawful sports penalties
- 06/02/2017
As regards sports law, article 2, paragraph 2, of Law no. 280/2003, provides that sports clubs and their members are obliged to turn to sports judicial authorities for: (i) compliance with and implementation of organizational and statutory regulations of the national sports system; (ii) any conduct likely to be subject to a disciplinary penalty, as well as imposition and application of such penalties.
Instead, the said obligation does not apply to claims for compensation for unlawful disciplinary penalties. As stated by the TAR Lazio with judgment no. 1163 of 23rd January 2017, this is because such claims regard the liability of the Public Administration.
In the case under the scrutiny of the TAR Lazio, a gymnast, suspended for six months after a disciplinary measure, later annulled by the National Court of Arbitration for sport, had claimed a redress for loss of sponsorship. The damage, amounting to € 100.000,00, was recognized by the administrative tribunal, which condemned the Italian Gymnastics Federation and, at the same time, reaffirmed its exclusive jurisdiction.
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