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Sports Tribunals and State Courts in the Italian Legal System: Between Constitutional Safeguards and European Challenges

Italy’s sports justice system reserves disciplinary disputes to sports bodies and the Collegio di Garanzia dello Sport, while State courts cannot annul or suspend federative sanctions and may only award damages. After the Italian Constitutional Court upheld this balance in 2011 and 2019, Advocate General Spielmann’s Opinion of 18 December 2025 in joined Cases C-424/24 and C-425/24 argues that EU Law may require annulment powers and interim relief before national courts, putting the Italian model under pressure. By Stefano La Porta and Luigi Primicerio, Gallavotti Bernardini & Partners, Rome, Italy.
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Sell-On Clauses: CAS 2024/A/10629 & 10630 Deportivo Maldonado SAD v. Real Sociedad de Fútbol SAD

If not explicitly stated, a loan transfer does not automatically trigger a sell-on clause, even if a permanent one follows it. If a party allegedly suffering contractual damages believes the loan transfer was a simulation, it needs to be proven to a Panel's comfortable satisfaction.
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Effective Judicial Protection: An Analysis of AG Spielmann’s Opinion in Case ZD & MI v. FIGC, CONI et al.

On 18 December 2025, Advocate General Spielmann delivered his Opinion in ZD and MI (C-424/24 and C-425/24), arising from disciplinary sanctions imposed after the plusvalenze affair involving Juventus FC. Placed in the line of Diarra and RFC Seraing, the Opinion reaffirms that sporting disciplinary sanctions remain acceptable under EU Law, but only within a system ensuring effective judicial protection, where State courts - or genuinely independent sports bodies - can annul unlawful measures and grant interim relief.
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Football Legal # 23

Special Report: The Diarra Judgment – One Year Later
Focus: The Seraing Judgment and EU Law

 
To access Football Legal #23, our Leader and Premium subscribers may click here.

One year after the CJEU delivered its ruling in FIFA v. Diarra, this Special Report reviews its first concrete effects on the transfer system. It provides a concise assessment of what has changed in practice - and what has not - following the adoption of FIFA’s Interim Regulatory Framework and the early adjustments made by clubs, players, agents and dispute-resolution bodies. 

The edition also includes a Focus on the Seraing judgment, which clarifies the interaction between EU law and sports arbitration, notably regarding res judicata and the role of national courts in reviewing CAS awards. 

You will additionally find our regular selection of recent CAS and Swiss Federal Tribunal case-law, along with international and national updates from several jurisdictions.

Leader and Premium subscribers: to order your paper version, click here (free of charge, excluding shipping costs).

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