L’organizzazione degli eventi sportivi in Italia alla luce dei recenti interventi della Corte di giustizia

This paper examines the salient aspects of the recent jurisprudence of the Court of Justice of the European Union concerning the organization of sporting events, with the aim of assessing its impact on the Italian market of sports audiovisual rights and, more broadly, the scope and relevance of the “Ein-Platz-Prinzip”. In reconstructing the regulatory framework governing the organization of sporting events, the analysis initially focuses on the system of individual management as established by the repealed “decreto legge” No. 15 of January 30, 1999, and subsequently on the current discipline, as provided for by “decreto legislativo” No. 9 of January 9, 2008, which mandates collective management. Following a concise reflection on the genetic moment of the sporting event asset, the paper refers to certain sports endo-associative provisions pertaining to the organization of events, as well as to the AGCM Decision No. A562 of June 18, 2024, concerning the abuse of a dominant position by the FIGC in the sector of amateur competitions. The paper concludes with observations on the renewed relevance of the “Ein-Platz-Prinzip” within the system established by Articles 33 of the Italian Constitution and 165 of the Treaty on the Functioning of the European Union, and on the imperative of ensuring the conformity of sports regulations with the rules and principles of the Italian-European legal order.