On October 18, 2024, an article by Fabio Pennisi was published in the Diritto & Sport section of the daily newspaper Italia Oggi.
The article comments on:
two rulings from the Court of Lecce regarding the rules of a National Sports Federation that discriminated against EU athletes compared to Italian athletes in participating in federal competitions, as well as
a ruling from the Supreme Court’s United Sections on the issue of jurisdiction to decide such a case, which fell under the ordinary judge’s competence (jurisdiction regulation).
In this regard, the Court of Lecce referred the jurisdictional issue to the United Sections concerning a specific exception raised by the sports federation, which argued that the case should be under the jurisdiction of federal judges or, ultimately, the administrative judge.
The United Sections affirmed the competence of the ordinary judge, as the case involved a matter of discrimination based on nationality.
Consequently, upon returning the case to the Court of Lecce, the illegitimacy of the federal rule that discriminated against EU athletes compared to Italian athletes in participating in federal competitions was established.
Thus, all EU athletes who feel discriminated against in their participation in competitive activities have the right to approach the ordinary judge, not the administrative or federal judge.