ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
organisers and their agents are not responsible under certain circumstances; however, under consumer protection provisions, said clauses are always void when limiting liability for death and injuries (Consumers’ Code, Article 36.2). Prevention of Violence and Disorder in Football Organisers shall also ensure public order and co-operate with law enforcement agents before, during and after the event. Public authorities are also entitled to suspend or cancel an event in case of riots, disturbance or danger to public safety. In addition, organisers are required to hire an adequate number of stewards in charge of ticket control, spectator reception and support to law enforcement officials during a match. With specific regard to football, the FIGC Justice Code establishes strict liability on football clubs for the unlawful behaviour of their supporters, even during away games. This liability extends to any violations of order and safety rules occurring before, during, and after the event, both inside the stadium and surrounding areas. Further, since 2009, professional football clubs have adopted the so-called Tessera del Tifoso , a membership card which is mandatory for all visitors’ supporters and even for home support - ers in matches deemed by the public authority to represent a risk to public order.
National federations are non-profit associations with legal personality under private law made up of clubs, sports associations and, in the cases indicated by their by-laws, individuals. Also, leagues are private law entities, whose associates are the clubs that, year by year, take part in the league tournaments. Their main func - tions are organising competitions, defending the interests of members with respect to the federa - tion and/or other system entities, and providing counsel and support to the associate clubs in various sectors (eg, marketing, event organisa - tions, governance, broadcasting rights, player transfers). Professional Clubs Professional clubs can only adopt the form of joint stock companies or limited liability compa - nies. Said companies have: • the ability to distribute profits among mem - bers, but 10% of profits must be allocated to youth sports training and education centres; and • the obligation to adopt a board of statutory auditors. Non-Professional Clubs Non-professional clubs may adopt the form of recognised/unrecognised associations (ASDs) or limited/co-operative companies (SSDs). These entities are primarily non-profit organisations, with a core focus on sports activities. Only SSDs have the possibility of limited profit distribution (less than 50% of annual profits). In terms of individual liability, unrecognised ASDs do not have patrimonial autonomy, mean - ing individuals acting on the club’s behalf hold personal liability for any debts. Conversely, rec - ognised ASD and SSD have patrimonial auton -
4. Corporate 4.1 Legal Sporting Structures Sports Institutions and Clubs
CONI is a public entity that maintains independ - ence and autonomy from political and govern - mental bodies.
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