SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
the venue without notice are often deemed “abusive” and void under Spanish consumer law. Safety and security Law 19/2007 (against violence, racism and xenopho - bia in sport) mandates that organisers provide a safe environment. Failure to do so can lead to massive administrative fines and civil liability for any damages to spectators. Organisation, Management and Participation How events are managed Federative structure Professional events are typically co-managed by the relevant national sport federation (eg, RFEF) and the professional league (eg, LaLiga). Public-private co-operation For major events (such as the GP in Madrid or the America’s Cup), a “consortium” is often formed between the government and private entities to man - age logistics, security (Police/Guardia Civil) and tax incentives. How participation is governed Licensing To participate in federated events, athletes must hold a licencia federativa (federative licence). This licence acts as a contract where the athlete agrees to abide by the federation’s disciplinary, anti-doping and ethi - cal rules. The “right to sport” The new Sports Law (Law 39/2022) explicitly recog - nises sport as a “right”, ensuring that participation cannot be denied based on discriminatory factors, and providing better legal protection for professional and “high-level” athletes ( Deportistas de Alto Nivel ). 3.2 Duty of Care and Liability In Spain, the duty of care in sports is a combination of general civil liability, consumer protection and specific anti-violence legislation. Duty of Care and Relevant Legislation Organisers owe a “diligent protection” duty to both participants and spectators. This is grounded in:
• the Spanish Civil Code (Article 1902) – the general principle of extracontractual liability, stating that anyone who causes damage to another through fault or negligence is obliged to repair it; • the Sports Law (Law 39/2022) – establishes sport as a right and mandates that public and private entities guarantee safe conditions for its practice; • Law 19/2007 (against violence, racism, xenophobia and intolerance in sport) – specifically mandates that organisers are responsible for public order and safety within the venue and its immediate sur- roundings; and • the General Law for the Defence of Consumers (LGDCU) – treats spectators as consumers, requir - ing organisers to provide services that do not pose risks to health or safety. Limitation and Exclusion of Liability Liability can be limited, but it is never absolute. How it can be limited • Assumption of risk: for athletes, liability is often limited by the “sporting risk” doctrine. Accidental injuries occurring during the normal course of play (following rules) generally do not lead to liability. • Compliance with regulations: organisers can limit liability by proving that they met all administrative safety requirements (eg, CCTV, capacity limits, security personnel). • Insurance: organisers must carry Compulsory Sports Insurance ( Seguro Obligatorio Deportivo ) and general civil liability insurance to cover dam - ages. What cannot be excluded • Gross negligence or intent (dolo): under Span - ish law, clauses in tickets or contracts that waive liability for physical injury or death caused by negli - gence are considered abusive and void. • Health and safety standards: minimum safety requirements set by Law 19/2007 cannot be con - tracted away. Liability of Athletes to Spectators While rare, athletes can be held liable to spectators in specific scenarios:
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