Attività sportiva amatoriale, titolo di campione nazionale e diritto europeo: un dialogo ancora (tremendamente) difficile


Abstract

In the Biffi judgment the Court of justice has affirmed two basic principles: the applicability of EU law is not limited to sports activities amounting to an economic activity but it extends to amateur sports activities too; the title of national champion of a Member State cannot be awarded to national citizens with the exclusion of EU citizens of another Member State unless such a rule is justified by objective considerations which are proportionate to the legitimate objective pursued. According to the Author the first question does not raise particular problems, while the second one is nothing but the result of a mechanical and questionable application of the Meca Medina and Majcen case-law that can further threaten the principle of the specificity of sport under EU law.

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