Course 2024-2025 a.y.

1        

1          Introduction to the course and general definition of Sports Law.

        - Key aspects of Sports Law

        - From «fair play» to sports regulations

        - Origins and definition of Sports Law

        - International aspects and «Lex Sportiva»

        - Sports Law vs. Ordinary Law: interaction between the two systems

        - Main sources of Sports Law: EU law and the impact on sports activities in Europe

        - The EU Model of sport

2        The «specificity of sport»
- The EU and the sports system

- Social and economic impact on sport

- Background of article 165 TFEU: the White Paper on Sports, the European Dimension in Sport and the development of the principle of specificity of Sport

- Article 165 of TFEU

- Case study: «Walrave-Koch», «Bosman» and «Meca-Medina»

  3          Olympism

- The Olympic Charter

- IOC and the Olympic Movement

- The Olympic Games

- NOC & Host City Contract

 4          Contracts – Part I
- General overview

- Importance of contracts’ negotiations in sports

- Definitions and conditions for validity

- Main categories of sports contracts

 5        Contracts – Part II – Endorsement Agreements
- Endorsement agreement: analysis and practical issues

- Exclusivity terms

- Economic terms
- Moral clauses
- Right of first refusal

- Termination and consequences
- Confidentiality and privacy terms: GDPR

- Disputes and case study: Federer/Nike

 6       Contracts – Part III – Sponsorship and other Sports contracts

- Sponsorship and supply agreement
- Representation agreement
- Sports event agreement. Overview of the impact of the pandemic crisis on sports events and the contractual clause of force majeure
- Media coverage agreement 

- Image rights agreements   
- Ambush marketing and case study

7          Intellectual Property and sports: general overview

- IP and sports

- IP categories

- The Olympic Rings and the IOC TOP Programme

- Legal protection

- WIPO and sport-related IP

8          Intellectual Property and sports II.

- Commercial value of IP in sports

- Exploitation of IP rights: licensing and broadcasting activities and introduction to image rights: main legal issues

- Case study: the FA’s licensing system, UEFA and an overview of the US system

 - E-sports

 9        Governance Models of Sports Institutions

- Case study

10        Principles of tax law in sports
- The OECD Taxation Model and article 17

11        International Tax Planning in sports

- Tax planning, tax optimisation and risks of tax evasion

- Image rights structures 

- Challenges by tax authorities 

- Favourable tax regimes 

 12 - 13       Assignment I  “OLYMPIC HOST CITY CONTRACT”

14        The Anti-doping regulations

- World Anti-Doping Agency (WADA) and its role

-  WADA Code: definitions and anti-doping rules’ violation, testing procedures, sanctions

- The biological passport

15        Sports Justice I

- Controversial aspects

- The specificity of Sport and the special needs of the sport system

- Definition of Sports Justice

- Sports Justice vs. Ordinary Justice

- Major players and role of the ECJ

16       Sports Justice II

- Arbitration and mediation

- The Court of Arbitration for Sport: overview and available procedures

17        Sports Justice III

- Procedural aspects

- Case Simulation

- Case study

18          The Football world: case study   

19        FIFA Transfer System

20        FIFA Dispute Resolution

21        Controversial aspects of sport

- Equality and diversity

- Racism and discrimination

- Protection of human rights in sports: human rights in sports regulations (Olympic Charter), the approach of CAS and the international law perspective. Initiatives and efforts of the sports system

22 - 23       ASSIGNMENT II  “The SINNER case”

24        Controversial aspects of sport II

• Defining the fundamentals of the international sports law system.
• Recognizing the major standards in drafting and evaluating sports contracts.
• Illustrating the impact of intellectual property rights on sports management.

• Assessing the legal issues involved in sports management.
• Interpreting and drawing up sports contracts.
• Evaluating the legal risk of some controversial sports practices.

• Lectures
• Guest speaker's talks (in class or in distance)
• Collaborative Works / Assignments

·         Guest speakers intervene during classes to deliver a talk on their own field of experience.

·         Case studies are illustrated and discussed in class.

·         Assignments consist in drawing up a memorandum supported by a PP presentation in class.

·         Class participation:             6/30 points  

·         Assignments:           up to 14/30 points                          

·         General exam:         up to 11/30 points                         

·         Class participation and assignments are purported to verify the skills and abilities to assess the legal issues involved in sports management, to interpret and draw up sports contracts, to evaluate the legal risk of some controversial sports practices.

·         The general exam is purported to verify the knowledge of the fundamentals of the international sports system, of the major standards in drawing up and evaluating sports contracts, of the impact of intellectual property rights on sports management. It consists of 11 multiple-choice questions. For each multiple-choice question, three possible answers are given, only one of them being the right one. Each right answer is awarded 1 point; no penalty for wrong or missing answers are given.

are given.

Non-attending students must take a general exam, consisting of 27 multiple-choice questions and 2 open ended questions. For each multiple-choice question, four possible answers are given, only one of them being the right one. Each right answer is awarded 1 point; no penalty for wrong or missing answers are given. Answers to open ended questions are evaluated up to 2 points each. The general exam is purported to assess the knowledge of the fundamentals of the international sports system, of the major standards in drawing up and evaluating sports contracts, of the impact of intellectual property rights on sports management.

For students who have not yet taken exams in law: P. Sirena, Introduction to Private Law, 3rd edn, il Mulino, 2021. 

FTeaching material will be uploaded on the Blackboard platform: slides for each session and additional material for in-depth study.

For students who have not yet taken exams in law: P. Sirena, Introduction to Private Law, 3rd edn, il Mulino, 2021. 

Teaching material will be uploaded on the Blackboard platform: slides for each session and additional material for in-depth study.