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Regulatory

Governance structure

What is the regulatory governance structure in professional sport in your jurisdiction?

Sports governance lies with the Italian Olympic Committee (CONI), a public entity established in 1914. Under Law Decree No. 15 of 2004, CONI is the Confederation of Sports Federations, the Sports Promotion Bodies and the Associated Sports Disciplines and has the power to establish the fundamental rules and principles to which such bodies must conform.

Under article 20 of the CONI Statute, the national federations must regulate their respective sports activities in compliance with the provisions set forth by the relevant international federations, provided that the latter are not contrary to the provisions of the International Olympic Committee (IOC) and CONI. Additionally, it must be noted that Law No. 280 of 2003 expressly acknowledges the autonomy of the national sports judiciary system as part of the international sports system under the umbrella of the IOC.

Protection from liability

To what extent are participants protected from liability for their on-field actions under civil and criminal law?

Athletes may be held liable for their on-field actions under both civil and criminal law. The general rule on civil liability is enshrined in article 2043 of the Italian Civil Code. Under this article, a person who commits any fraudulent, malicious or negligent act that causes an unjustified damage to another person must compensate the injured party for the damage suffered. There is no civil liability if the athlete’s conduct is not malicious and falls within the ‘acceptable risk’ of the sport in question (even if technically the conduct is against the rules of the game).

Criminal liability may arise if an on-field action damages another athlete. However, the damage may give rise to such liability only if the following conditions are met:

  • the action falls beyond and outside the scope of the rules of the game; and
  • the athlete responsible for the violation either consciously and maliciously deviated from the rules, or acted negligently and outside the above-mentioned acceptable risk.

Doping regulation

What is the regulatory framework for doping matters in your jurisdiction? Is there also potential secondary liability for doping offences under civil or criminal law?

Under Law No. 376 of 2000, doping is a criminal offence. The use of prohibited substances, and the administration and trafficking of products containing prohibited substances, as well as aiding and abetting the use of doping, is sanctioned with economic sanctions and imprisonment proportional to the seriousness of the offence.

Doping disciplinary matters are the exclusive competence of the Italian National Anti-Doping Organization (NADO Italia), which is a signatory to the WADA Anti-Doping Code and applies the National Anti-Doping Rules. All sports anti-doping activities (eg, testing and result management) are carried out in compliance with the WADA Code and its standards.

Financial controls

What financial controls exist for participant organisations within professional sport?

There are no overarching financial controls concerning sports organisations. Therefore, each national federation tends to issue its own financial regulatory system. Some national federations (eg, football and basketball) have established a supervisory internal committee with the specific task of checking that the clubs comply with their payment obligations and the relevant principles of sound financial management.

National federations can condition the eligibility to participate in national competitions on the clubs’ compliance with the established financial control provisions. For instance, football clubs wishing to participate in the A League competition have the obligation to prove that they have no overdue payables towards other clubs or employees, or towards tax authorities. Moreover, beginning from the 2018/2019 sporting season, such football clubs must be able to demonstrate that their balance sheets abide by the break-even requirements issued by the National Football Federation, which highly resemble the criteria laid down under the UEFA Club Licensing and Financial Fair Play Regulations.

Dispute resolution

Jurisdiction

Who has jurisdiction over the resolution of professional sport disputes in your jurisdiction, and how is this determined?

Professional sports disputes can, depending on the subject matter, be dealt with either by sports adjudicatory bodies within the sports adjudicatory system or by state courts.

As to the sports jurisdiction, the Code of Sports Justice of CONI sets out the procedural rules that each national federation shall implement into its own internal Code of Justice, thereby achieving harmonisation within the sports system. Pursuant to the Code, depending on the subject matter, disputes may be adjudicated by:

  • sports judges, whose decisions may be appealed before the Sports Courts of Appeal - they deal with matters related to on-field conducts and the regularity of the competitions; or
  • federal tribunals, whose decisions may be appealed before the Federal Courts of Appeal - they hear disputes concerning matters that do not fall within the competence of the sports judge (eg, other disciplinary matters in general, match-fixing, financial or membership irregularities).

Doping matters do not fall within the scope of application of the Code of Sports Justice or other rules adopted by national federations, falling instead under the exclusive competence of NADO Italia.

Pursuant to Law No. 280 0f 2003, there are instances in which sports-related disputes can be adjudicated by ordinary courts. In particular, once the internal remedies of the sports system of justice have been exhausted, economic disputes between persons or entities related to the sports system are reserved to the ordinary courts, and administrative issues are reserved to the administrative courts.

Enforcement

How are decisions of domestic professional sports regulatory bodies enforced?

All the individuals and legal entities who are members or affiliated with the sports system must abide by the decisions issued by the sports hearing bodies. Indeed, when registering for, affiliating with, or carrying out activities that are relevant to their sport association, such persons and legal entities are bound by the rules of the sport association concerned. In case of non-compliance with a decision rendered by a domestic sports hearing body, the sports regulatory body can exercise its disciplinary power and impose an additional sanction to ensure full compliance with its decisions.

If an economic decision is not complied with, the successful party may, after being authorised from the national federation, file a claim before a state court requesting a payment order against the losing party.

Court enforcement

Can the decisions of professional sports regulatory bodies be challenged or enforced in the national courts?

In principle, as mentioned above, the Italian state jurisdiction has recognised the autonomy of the Italian sports jurisdiction in technical (related to the rules of the game) and disciplinary (related to the rules or statutes of the relevant sports bodies) matters.

Therefore, as a general rule, decisions rendered by sports bodies in such areas of autonomy cannot be challenged before national courts.

Nevertheless, after all sports internal remedies have been exhausted, a decision rendered by sports regulatory bodies can be challenged before national courts. In particular, decisions rendered within the sports jurisdiction that may affect a person’s life or interests that are worthy of protection by the state and go beyond the scope of the sports system can be challenged before the Italian administrative courts. The latter can issue a decision that compensates the injured party for the damage suffered as a result of such decision. It is worth noting, however, that the court cannot review the merits of the sports decision (eg, it cannot amend the duration of a disciplinary sanction).

Sponsorship and image rights

Concept of image rights

Is the concept of an individual’s image right legally recognised in your jurisdiction?

Under Italian law, an individual’s image right consists of two aspects: (i) the owner’s right to show its image at any time and to whomever it wishes, and (ii) the right to protect its image against unauthorised use by third parties. Article 10 of the Civil Code affords protection against unauthorised use of someone’s image, specifying that in such case the image rights owner can request that the competent judicial authority issue an order for cessation and award damages.

Furthermore, articles 96 and 97 of Law No. 633 of 1941 (the Italian Copyright Law) mandate that, as a rule, someone’s image can be reproduced and commercially exploited only with the owner’s consent. Lacking such consent, use may be allowed only if it is justified on narrow grounds. In this respect, a robust public interest or the degree of notoriety of the person concerned may be relied upon, provided that there is no exclusive or prevalent commercial aim. In any case, reproduction is not justified if carried out in contrast with the owner’s good name and reputation.

Commercialisation and protection

What are the key legal considerations for the commercialisation and protection of individuals’ image rights?

As mentioned above, an individual’s image rights lie with his or her owner and need no further protection if the latter does not express its consent to anyone’s use or exploitation.

Should the owner wish its image to be commercially exploited by third parties, it can opt for two different solutions, which are detailed below.

Both Italian doctrine and jurisprudence strenuously argue against the transfer of the image right per se, given its personal nature. Therefore, the owner will only be able to license or assign the right commercial exploitation of the image by:

  • entering into a detailed licence agreement. Under this approach, the licensor remains the owner of the image right and agrees to the licensee’s use or exploitation of its image in exchange for a fee. If the licence is non-exclusive, the licensor may also enter into a licence agreement with third parties; or
  • assigning the use or commercial exploitation of its image. The assignor (eg, the athlete) can give all or part of its right to use and commercial exploitation of its image to the assignee (eg, a club, a national federation or a company) for a fee; in such case, the assignee is better protected against third parties’ abuses and can further license its right to third parties.

How are image rights used commercially by professional organisations within sport?

As a premise, a distinction must be drawn between the athlete’s ‘sports’ image and the athlete’s ‘private’ image.

The first one refers to the exploitation of the athlete’s image related to his or her team (eg, pictures taken during the official games and competitions). The second one refers to the exploitation of the athlete’s image outside team activity (eg, his or her promotion of a watch). Professional sports organisations - clubs in particular - are generally only entitled to commercially exploit the athlete’s sport image.

Morality clauses

How can morality clauses be drafted, and are they enforceable?

Moral clauses are commonly found in image rights licence or assignment contracts. This is because the club that acquires the commercial use of such rights generally wishes to protect its investment against misbehaviours of the image rights’ owner, for example, the athlete committing an anti-doping rule violation, receiving a sports disciplinary sanction, being involved in criminal proceedings or behaving in an immoral way. The enforceability of such clauses belongs to contract law. In the event that the athlete commits an immoral act, the club may seek compensation for breach of contract. Interestingly, in cases where the athlete has strong bargaining power - usually owing to fame - the contract may include a ‘reverse’ moral clause regarding the reputation of the club or the sponsor and its representatives.

Restrictions

Are there any restrictions on sponsorship or marketing in professional sport?

Prohibitions of the kind are found in Italian laws concerning advertising agreements. For instance, the Legislative Decree No. 300 of 2004 sanctions the sponsoring of any tobacco product. Moreover, the recent Law Decree No. 87 of 2018 prohibits all forms of sponsorship of gambling and betting through any media, with few exceptions (eg, the national lottery). In addition, national federations may implement internal regulations related to sponsorship (eg, the Italian Equestrian Federation has issued a regulation on sponsorship and merchandising).

Brand management

Protecting brands

How can sports organisations protect their brand value?

The most reliable tool for a sports organisation (eg, a club) to protect the value of its brand is registering its sign as trademark. Indeed, registration entails that no third party can use such sign without the consent of the proprietor of the trademark registration.

Therefore, clubs usually tend to register their brands as trademarks and then license their use to third parties through a detailed licence agreement. In such way, clubs both protect their brands against unauthorised use and maximise their profits from the use licensed to third parties.

How can individuals protect their brands?

As mentioned above, the best way to protect someone’s brand is to duly register a trademark and, as a further step, regulate its commercial use through detailed licence agreements.

Individuals usually register their distinguishing signs (eg, logos or an autograph) as trademarks and then license them to companies that take care of their commercial exploitation. An individual can register not only an invented graphical sign but also its portrait and name.

Cybersquatting

How can sports brands and individuals prevent cybersquatting?

The most reliable way to obtain protection against cybersquatting is to register the brand as a trademark. As a further step, one can register one or more domain names associated with it. However, for reasons of speed and efficiency, when an applicant requests the registration of a domain name there is no control as to the possibility that such domain name may infringe third parties’ previously registered trademarks. Therefore, an applicant, who may be a cybersquatter, can obtain a domain name registration in violation of a pre-existing trademark. In such a case, the trademark owner is entitled to go before the World Intellectual Property Organization, the national internet authority or state courts to obtain the cancellation of the domain name or its transfer to the trademark owner.

Media coverage

How can individuals and organisations protect against adverse media coverage?

The individual or organisation can turn to criminal law provisions against defamation. Notably, article 595 of the Criminal Code defines and sanctions defamation as the conduct of damaging a person’s reputation by communicating with third people while such person is absent or cannot hear the damaging comments being made.

Defamation through the media is punished with harsher sanctions. However, obtaining a verdict of defamation requires the judge to conduct a balance of interest test between publication and some constitutionally guaranteed fundamental rights.

On the one hand, one deserves protection against damaging comments reported on the media; on the other hand, the Italian Constitution enshrines fundamental freedom of expression under its article 21. Accordingly, adverse media coverage will not be sanctioned if the competent court finds that the public interest to be informed of it outweighs the person’s interest in protecting his, her or its reputation.

Broadcasting

Regulations

Which broadcasting regulations are particularly relevant to professional sports?

Broadcasting rights related to Italian team sports competitions in national federations with a professional sector are regulated by the Legislative Decree No. 9 of 2008 (the Decree). Pursuant to article 3 of the Decree, the organiser of the competition (eg, the League) and the organiser of the single sports event (eg, the club participating in the competition) are co-owners of broadcasting rights of the events related to such competition.

The single competition organisers also regulate the commercial use of such rights and adopt competitive procedures in order to offer them to communication operators. The contract between the organiser of the competition and the communication operator that win the sports media rights bid cannot last more than three years.

Restriction of illegal broadcasting

What means are available to restrict illegal broadcasting of professional sports events?

Sports broadcasting rights are afforded copyright protection pursuant to article 78-quater of the Italian Copyright Law.

Therefore, illegal or unauthorised broadcasting can be considered copyright infringement. Notably, article 171-ter of the Italian Copyright Law sanctions the unauthorised reproduction, display and commercial exploitation of works protected by copyright. National courts tend to sanction the aforementioned conduct only if the author had a profit-making purpose.

In addition, the Italian Communication Authority is competent to restrict illegal broadcasting sports events, since it has the power, for instance, to disable access to websites providing unauthorised sports contents.

Event organisation

Regulation

What are the key regulatory issues for venue hire and event organisation?

All sports events taking place in a venue that is either public or freely accessible by the public must be authorised by the relevant public authority. To that end, the organiser of the event shall abide by the relevant provisions on public security and provide medical services to deal with potential accidents or injuries.

The event organiser may be held liable for harm or injury suffered by the athletes while on-field, or be sued for breach of contract by spectators. Event organisers are responsible for harm or injury to athletes that happen beyond the ‘acceptable risk’ of a specific sport (see question 2). Moreover, since by purchasing a ticket the spectator enters into a contract with the event organiser, spectators are entitled to file a claim for breach of contract against the event organiser if the latter does not put in place reliable security measures.

Ambush marketing

What protections exist against ambush marketing for events?

There is no law provision or regulation specifically drafted to deal with the issue of ambush marketing in sports events. However, the provisions against trademark infringement can be relied upon. For instance, if the ambusher owns a trademark that is similar to that of the official sponsor of the event, likelihood of confusion can be claimed, since the public may be induced to believe that the ambusher is the legitimate sponsor of the event. Moreover, in some cases ambush marketing can be considered an unfair competition practice under articles 2598-2600 of the Civil Code. If so, a damaged party can request compensation for damage before a state court. In addition, the judge can issue a restraining order against such acts and declare that their effects be removed.

Ticket sale and resale

Can restrictions be imposed on ticket sale and resale?

The Ministerial Decree No. 150 of 2003 regulates ticket sales in the context of football events. Notably, article 2 mandates that the organising club is responsible for ticketing of the event. As such, it shall not sell a number of tickets that exceeds the capacity of the stadium or arena. Moreover, this number may be reduced in the case of events where a high number of spectators is expected, if so determined by the public security authorities.

Furthermore, article 1 paragraph 545 of Law No. 232 of 2016 and the Decree of the Ministry of Finance of 12 March 2018 deal with the issue of secondary ticketing with reference to online ticketing systems. Notably, such provisions sanction ticket resale carried out by persons other than the owner of the authorised ticketing system. This Decree does not apply to natural persons who occasionally sell tickets without profit purposes.

Immigration

Work permits and visas

What is the process for clubs to obtain work permits or visas for foreign professional athletes, and coaching and administrative staff?

A distinction must be drawn between foreign European (EU) athletes and non-European (non-EU) ones.

Since Italy is part of the European Union, article 45 of the Treaty on the European Union protects the fundamental freedom of movement for workers and forbids any discrimination based on nationality between workers of member states. Therefore, there is no need for either work permits or visas for foreign EU athletes.

With regard to non-EU athletes, each year a Decree of the President of the Council of Ministers, under the proposals of CONI, establishes the maximum number of non-EU athletes that can be registered for a national federation.

Accordingly, each national federation can accept visa requests until it reaches the maximum number of athletes assigned to it. There are differences between clubs belonging to a national federation that has a ‘professional sector’ and those that do not. The first type of club shall file a contract of residence and work permit for athletes and coaches. The second type does not have the possibility of signing professional employment contracts with athletes or coaches, and those clubs shall file a simple request for clearance with all information on the non-EU person.

In both cases, the drafts will be checked by the national federation and transmitted to CONI, which will request a permit from the competent immigration office at the police headquarters and then communicate the information to the immigration desk.

What is the position regarding work permits or visas for foreign professional athletes, and coaching and administrative staff, temporarily competing in your jurisdiction?

If non-EU athletes, coaches and administrative staff (not coming from countries that have specific agreements with Italy) wish to perform their sports activity in the Italian jurisdiction for a period of less than 90 days, they can obtain a sport competition visa, provided that they communicate all their personal information and the place where they intend to stay.

In any case, if the visa owners remain in Italy for more than eight days, they must request a residence permit and report to the competent Police Authority (ie, Questura).

Athletes or coaches with such visa cannot perform their sports activities on a continuous basis for an Italian club.

Residency requirements

What residency requirements must foreign professional athletes, and coaching and administrative staff, satisfy to remain in your jurisdiction long term or permanently?

Non-EU persons wishing to remain in Italy must obtain a residence permit. Clubs must request their renewal within 60 days of their expiry.

Do the family members of foreign professional athletes, and coaching and administrative staff, legally resident in your jurisdiction have the same residency rights?

For relatives to have residency rights in Italy, the athlete or coach legitimately holding a residence permit for a period of at least one year shall file an application for family reunification with the immigration desk. Such application may include the spouse, minor children, adult children or partners dependent on the applicant. When the application is granted, the aforementioned persons are entitled to legally reside in Italy, provided that they request a residence permit within eight days of their arrival.

Sports unions

Incorporation and regulation

How are professional sporting unions incorporated and regulated?

Players’ and clubs’ sporting unions are, as all workers’ unions, regulated by the Civil Code as non-recognised associations. Notably, under articles 36 ff of the Civil Code, such associations are not recognised as entities with legal personality and are thus regulated pursuant to the provisions of the Civil Code and through agreements among their members.

Membership

Can professional sports bodies and clubs restrict union membership?

The Italian Constitution protects both the broader freedom of association under article 18 and the trade union freedom under article 39. The latter is a fundamental freedom that cannot be restricted in any way by either professional sports bodies or clubs.

Strike action

Are there any restrictions on professional sports unions taking strike action?

Article 40 of the Italian Constitution enshrines the right to strike, provided that it is exercised within the boundaries of the laws that regulate them. There are no specific laws dealing with sports unions’ right to strike.

However, some law provisions are in place to sanction some hypotheses of strikes. For instance, article 503 of the Italian Criminal Code prohibits strikes aimed at subverting the democratic constitutional order. Furthermore, article 505 of the Italian Criminal Code sanctions strikes that are held as a protest with no aim or for solidarity with other strikes. In the latter case, however, solidarity is justified if it has the rationale of allowing a demand to be satisfied thanks to a greater and stronger strike initiative.

Employment

Transfers

What is the legal framework for individual transfers? What restrictions can be placed on individuals moving between clubs?

There is no one-size-fits-all approach to individual transfers from one club to another in Italian sports. Each sport is regulated in a different way to resemble its peculiarities. Therefore, each national federation will draft its transfer regulations, which in turn shall comply with the rules and directions of the relevant international federation and CONI.

National federations tend to impose limits on individual transfers based on the following criteria:

  • the age of the athlete;
  • the athlete’s nationality, with a distinction between Italian, European and non-European nationals; and
  • the period of the sporting season, meaning that the national federation usually establishes a determined ‘window’ within which such transfers can take place.

Ending contractual obligations

Can individuals buy their way out of their contractual obligations to professional sports clubs?

In some national federations that have a professional sector, such as football or basketball, the club and the player may draft a ‘buy-out’ or ‘release’ clause within the employment contract.

Such clauses, which originated in Spanish law, have the rationale of pre-determining the amount to be paid by a player or a third club in order to have the player released from his or her contractual obligations. Accordingly, payment of the buy-out fee causes the termination of the employment contract.

Welfare obligations

What are the key athlete welfare obligations for employers?

Under Italian law, only professional athletes that are registered for a limited number of national federations can be considered as workers and sign a proper employment contract with the club or team. Notably, only clubs that are affiliated with a national federation that has a professional sector in accordance with Law No. 91 of 1981 (on the relationship between club and professional athletes) can have a proper employment relationship with an athlete. Conversely, sports activities carried out by athletes belonging to other national federations will not count as work. To date, the national federations providing for such possibility are those representing basketball, cycling, football and golf.

In those contexts, pursuant to articles 7-9 of Law No. 91 of 1981, the athletes shall be granted the following welfare rights: healthcare and protection, insurance covering death and major injuries that may be prejudicial to their career and pension benefits. Other sports players are considered ‘amateur’ for the purposes of Law 91 of 1981.

Young athletes

Are there restrictions on the employment and transfer of young athletes?

There are no overarching provisions concerning employment and transfer of young athletes that concern all the national federations. Each of them establishes its own system.

As for athletes’ transfer, under most national federations, a young athlete registering with a national federation through a club is bound by such club for one year. Then, at the end of the sporting season, it is free to be transferred to another club. However, most national federations provide that, from a certain age (eg, 14 in volleyball) the young athlete becomes tied to its registering club until a certain age (eg, 24 in volleyball). Therefore, within this period, the athlete cannot be transferred to another club without the consent of the registering one.

What are the key child protection rules and safeguarding considerations?

Under article 3 of Law No. 977 of 1967, child labour is prohibited until the child is subject to compulsory full-time schooling and, in any case, before the age of 15.

In the sports system, when a child becomes entitled to enter into an employment agreement (eg, at 16 in professional football), the employer (namely the club) must guarantee the child’s safety and psychophysical integrity. Furthermore, it shall verify the child’s attendance of school or professional orientation programmes.

Employment agreements with minors are subject to parental authorisation; furthermore, they shall obtain the approval of the local labour office, which has the task of establishing whether the job could be in conflict with the interests of the child. Lastly, the minor shall present a medical certificate to prove that he or she has the physical and mental requirements.

Club and country representation

What employment relationship issues arise when athletes represent both club and country?

Under article 29 paragraph 6 of the Statutes of CONI, clubs and teams must release athletes that are selected to join the national team of their national federation.

In light of the above, when an athlete is summoned, he or she cannot, for the period during which he or she is on duty with the national team, participate in any activity of the club, save for those that are duly and expressly authorised by the national federation.

Therefore, the employment contract with the club stays in place even during the period in which the athlete is on duty for the national team. In this respect, some major issues may arise. For instance, the athlete’s insurance policy is one of the obligations of the club (see question 31) and covers the sports activities done in the interest of the club. Therefore, injuries occurring while the athlete is summoned by the national federation are not covered. Such circumstance is not always taken into account by national federations, which may not provide an additional insurance policy for the activities done by the summoned athlete. Consequently, the club may have to extend its insurance policy. Moreover, issues may arise if the national team’s competition overlaps with the regular season of the club, thereby putting the athlete in the uncomfortable position of having to choose where to play.

Selection and eligibility

How are selection and eligibility disputes dealt with by national bodies?

Each national federation issues the selection and eligibility rules that best resemble the features of the sport concerned and enforce them through their internal adjudicatory bodies.

Additionally, there may be room for intervention by national courts. Indeed, under Law No. 280 of 2003, decisions rendered by the sports adjudicatory bodies or circulars issued by the national federation that affect some individual rights worthy of protection within the state jurisdiction may be appealed before the national administrative courts (see question 7).

Therefore, decisions or circulars related to clubs’ eligibility or athletes’ circulars may be challenged before the competent administrative state court. Notably, the appellant may request the annulment of the challenged decision or circular, along with compensatory damages.

What are the key taxation issues for foreign athletes competing in your jurisdiction to be aware of?

As a premise, one needs to distinguish between athletes that compete in the Italian jurisdiction as part of a national federation that has a professional sector and athletes that are registered as amateur for different national federations. Athletes performing a sports service for a professional federation are entitled to sign an employment agreement, and their income will count as income of an employment nature.

In this respect, under article 23, paragraph 1 (c) of the Italian Income Tax Code (Presidential Decree No. 917 of 1986), income from work that is performed in Italy by either an Italian or a foreign employed athlete shall be subject to Italian taxation, provided that such athletes are residents of Italy. Accordingly, under article 2 of the Presidential Decree, an athlete is treated as a resident if he or she spends more than 183 days in a year in Italy.

Notably, both fixed revenue and bonuses are considered as taxable incomes.

In any case, the aforementioned law provisions shall be applied taking into account the existence, if any, of bilateral treaties against double taxation.

However, athletes performing their sports services under all the other national federations cannot be considered employed persons and generally receive compensation and reimbursement of costs. Therefore, if they receive some consideration for their activity from their club or team, such amount will not be treated as a salary, but rather it will be subject to a preferential tax income treatment. In particular, pursuant to articles 11, 67 and 69 of the Presidential Decree, any income falling under the amount of €10,000 per annum will be exempt from taxation, whereas any amount above that threshold will be taxed, beginning from a 23 per cent tax rate.

Taxation

Key issues

Update and trends

Hot topics

Are there any emerging trends or hot topics in your jurisdiction?

A new regulation on sports agents will enter into force in 2019 and discipline the conduct of sports agents within national federations having a professional sector. The regulation mandates that sports agents shall pass a general exam on sports, private and administrative law, and a special one organised by the national federations. Agents that successfully pass the exams and meet the relevant requirements shall be registered in both the CONI and the national federations’ registers of sports agents.

By the end of summer 2018, CONI will reform the principles of sports justice that were issued in 2014, a set of procedural rules that, under its Code of Sports Justice, must be applied by all national federations.