C-13-76, Dona v Mantero (1976)

Key Points to Note in This Case:

1. Facts:

◦ A football scout challenged the rules of the Italian Football Federation, which restricted membership to Italians only.

◦ The issue was whether such membership restrictions violated EU free movement principles.

2. Outcome:

◦ The ECJ held that even private entities like sports federations must comply with EU free movement rules, provided their actions are not purely non-economic in nature.

◦ The Court found that while the restriction was in place, it was justified to facilitate fair competition between national teams and thus could be considered in line with EU rules, given the specific context of sports.

3. Impact and Analysis:

◦ Compliance with Free Movement Rules: The ruling reinforced that sports federations, despite being private entities, must adhere to EU law concerning free movement, particularly when their rules impact economic activities.

◦ Justification for Restrictions: The decision highlighted that while EU law applies to sports, certain rules might be justified if they serve specific objectives like ensuring fair competition among national teams.

◦ Economic Nature of Sports: The case underscored the need to distinguish between economic and non-economic aspects of sports activities to determine the applicability of EU law.