A major development has emerged in the judicial proceedings involving Andrea Agnelli and Maurizio Arrivabene. Tuttosport report that the Advocate General of the European Court of Justice, Dean Spielmann, has issued a legal opinion that could significantly reshape the structure of sporting justice across Europe—potentially favouring the former Juventus executives sanctioned in the “plusvalenze” (capital gains) case.
A Challenge to the Limits of Sporting Justice
The opinion highlights the delicate balance between the autonomy of sporting justice and the safeguarding of fundamental rights under European law. At the heart of the case are Agnelli and Arrivabene—respectively former Juventus president and CEO—who were both banned for two years following the financial investigation that rocked the Turin club.
Spielmann’s submission touches on two crucial points: the compatibility of disciplinary sanctions with European Union law, and the extent to which sporting justice systems should remain independent from state judicial oversight.
When National Courts Cannot Intervene
The case gained traction when the Lazio Regional Administrative Court (TAR) declared that under Italian law it could not annul or suspend disciplinary measures issued by sporting authorities, being limited instead to granting financial compensation where appropriate. According to the Advocate General, this restriction is not compatible with EU law.
Spielmann argued that national courts must be able to annul illegitimate sanctions and, where necessary, implement precautionary measures to ensure the effectiveness of their eventual rulings. This represents a fundamental point in Agnelli and Arrivabene’s favour and could profoundly affect how sporting bodies in Europe operate in relation to civil law.
A Non‑Binding Yet Influential Opinion
While the Advocate General’s opinion is not binding, it frequently shapes the final judgment of the Court of Justice of the European Union. A ruling is expected within the next three to six months, and if the Court follows this reasoning, it could set a precedent weakening the exclusive autonomy of sporting justice in Italy and beyond.
From Lazio’s TAR to the EU Court
Agnelli had originally filed an appeal with the TAR of Lazio, which in June 2024 chose to refer the matter to the European Court, partially upholding the former president’s claims. Should the Court align with Spielmann’s stance, the decision would mark a seismic shift—opening the door for national courts to directly challenge disciplinary rulings issued by sports authorities.
The ruling, when it arrives, could redefine the relationship between clubs, executives, and governing bodies, potentially giving sports professionals across Europe a stronger means of defence under EU law.
