SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
• extraneous actions – if an athlete intentionally throws an object (such as a ball or racket) into the stands out of frustration and injures a fan, they are liable because the action is outside the “normal risk” of the game; and • recklessness – if an athlete engages in a celebra - tion or stunt that violates safety protocols and leads to spectator injury, they (and potentially their club) face civil liability. Prevention of Violence and Disorder Spain has one of the most rigorous systems in Europe for stadium safety, managed by the State Commis - sion against Violence, Racism, Xenophobia and Intol - erance in Sport. Security co-ordinator Every professional match has a police officer (National Police or Guardia Civil) assigned as the “security co- ordinator”, with the power to suspend the match. CCTV and biometrics High-risk venues must have comprehensive CCTV. Some stadiums use advanced facial recognition to enforce entry bans. Prohibited items Law 19/2007 strictly bans flares, alcohol and sym - bols that incite hatred or violence. Spectators must submit to searches and “biometric” or ID verification
ing bodies (federations) operate as private entities with public functions. These structures are chosen to facilitate financial transparency or investment, or to prioritise reinvestment of profits into sporting activities rather than shareholder dividends. Legal Structures SADs Under Act 39/2022 and previous regulations, most top-tier football and basketball clubs are SADs. This corporate form is designed for profit-oriented entities to allow for external investment and financial regula - tion. Four football clubs were allowed to remain non- profit as they showed financial solvency when the law entered into force: Real Madrid, FC Barcelona, Ath - letic Club and CA Osasuna. Non-professional sports clubs (clubes deportivos) These are generally non-profit associations focused on promoting sports, regulated under the Law 10/1990 and subsequent updates. They are owned by their members and typically reinvest all profits into the club’s development, sporting infrastructure or com - munity programmes. Sports governing bodies (federaciones deportivas) These are private associations with legal personal - ity and public functions, regulated by the Spanish National Sports Act (Law 10/1990 and 39/2022). Reasons for Choosing Specific Corporate Structures Reinvesting profits (non-profit clubs) Non-professional clubs choose the club deportivo structure because it prevents the distribution of prof - its to owners. This allows all income to be reinvested into the club – a requirement for obtaining certain tax benefits and grants. Attracting investment (SADs) The SAD structure allows clubs to attract capital investment, which is essential for competing in pro - fessional leagues with high costs. Liability limitation Both SADs and non-profit associations (when properly incorporated) provide limited liability for their mem -
if required. Sanctions
Fines for fans can reach EUR60,000, with stadium bans of up to five years. Clubs can be fined up to EUR650,000 or be forced to play behind closed doors for failing to prevent disorder.
4. Corporate Structures 4.1 Legal Forms of Sporting Bodies
Sporting bodies in Spain typically adopt legal forms based on their professional status. Professional clubs often use the sociedad anónima deportiva (SAD), a specialised limited liability company, while non-pro - fessional clubs are usually organised as clubes depor - tivos (non-profit sports associations). Sports govern -
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