Are national football federation bodies governed by public law? Setting the boundaries of EU Public Procurement directives

Abstract

Sports federations, being private associations, have traditionally awarded their contracts regardless of EU Public Procurement directives. The Court of Justice of the European Union has recently given its first ruling on this issue: Federazione Italiana Giuoco Calcio, judgment of 3 February 2021. This article intends to summarize and comment on this decision, a preliminary reference requested by the Italian Council of State. The Court of Justice of the European Union has stated that, if the sports federations depend on any state authority, namely the Italian National Olympic Committee, they should comply with the Public Procurement directives. This might increase transparency, although it could add structure and length to contract award procedures, above certain economic value. The judgment affirms that Italian sports federations have been established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, but is less clear regarding whether they are subject to management supervision from the Italian National Olympic Committee. The Court of Justice of the European Union defers the final decision on dependency to the Italian court, thus giving little guidance to other Member States.