SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
betting/integrity, this includes bank statements and IP logs; for doping, it involves a second sample analysis. • The proposal: the instructor issues a document outlining the specific rules broken and the pro - posed penalty. Right to defence • The athlete has a set period to submit a defence. They can present evidence of “no fault” or medical prescriptions, or prove that they were coerced in match-fixing cases. Resolution • The relevant body (the RFEF’s Disciplinary Com - mittee or CELAD’s Sanctions Committee) issues a final administrative ruling. • Sanctions: these can range from fines (up to EUR100,000 for betting) to permanent bans (for repeat doping or severe corruption). Appeals: the Role of the TAD If the athlete disagrees with the federation’s ruling, they move to the final administrative phase. • The TAD ( Tribunal Administrativo del Deporte ): this is an independent body attached to the Higher Sports Council (CSD). It is the supreme administra - tive authority for sports in Spain. • Ordinary justice: once the TAD rules, the admin - istrative route is exhausted. The athlete’s only remaining option is to take the case to the Conten - tious-Administrative Courts (civilian courts), which can take years. Examples of Proceedings in Practice Doping: the Celestino Fernández case (2024–2025) • Process: the Spanish duathlon champion was handed a five-year ban by CELAD after a positive test. • Development: the athlete maintained his inno - cence, claiming the sample was not his. After exhausting the sports disciplinary route (TAD), he went to ordinary justice. • Outcome: in early 2025, a judge ordered a DNA test of the urine sample. The DNA did not match the athlete, proving a chain-of-custody failure. The
court annulled the ban, forcing CELAD to reinstate him. Betting: RFEF disciplinary actions • Process: the RFEF regularly monitors the lower tiers (Segunda and Tercera Federación). • Action: when a player is flagged for betting on their own league (even if not their own match), the RFEF Disciplinary Committee opens a Very Serious Infraction file under Article 6 of the Gambling Act. • Outcome: these cases often result in two- to five- year bans from all federated sports and immediate contract termination by the club. Match-fixing: Operation Conífera (2023–2024) • Process: this involved several players in the Span - ish lower leagues. Because the misconduct was linked to a criminal betting ring, the sports discipli - nary proceedings were paused while the criminal court investigation took priority. • Outcome: once the criminal evidence was estab - lished, the RFEF used those court findings to issue lifetime bans to the involved players without need - ing to redo the investigation.
2. Commercial Rights 2.1 Sports-Related Rights
In Spain, the commercialisation of sports extends beyond TV and sponsors into a highly regulated eco - system of experiential and physical rights. These are governed by a mix of civil, administrative and con - sumer protection laws.
Notable Commercial Rights Merchandising and licensing
Rights-holders (clubs and athletes) exploit their intel - lectual property through trade marks. Under the Span - ish Trade Mark Act (Law 17/2001), clubs aggressively protect their logos. A unique feature in Spain is the protection of image rights, which are often separate from employment contracts, allowing athletes to license their likeness for video games, stickers and apparel.
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