Autonomia dell’ordinamento sportivo, tutela giurisdizionale effettiva e principi dello Stato di diritto europeo: la sentenza della Corte di giustizia nelle cause riunite FIGC-CONI (C-424/24 e C-425/24)

The paper examines the judgment of the Court of Justice of the European Union of 16 July 2026 in Joined Cases C-424/24 and C-425/24 (FIGC and CONI), in which the Court ruled on the compatibility with EU law of the Italian sports justice system as established by Law No 280/2003 and interpreted by the Italian Constitutional Court. The ruling continues the evolutionary trajectory inaugurated by the ISU, Superleague and Royal Antwerp trilogy (2023) and the Seraing judgment (2025), marking a further shift in the interaction between EU law and sports law towards a “quasi-constitutional” dimension. First, the article analyses the scope of sports disciplinary sanctions in light of the fundamental freedoms of movement (Articles 45 and 56 TFEU),confirming that such sanctions constitute a restriction on free movement that can be justified only where the sanctioning framework meets transparency, objectivity, non-discrimination and proportionality requirements. Second, it explores the most original aspect of the judgment: Article 19(1), second subparagraph, TEU, read in conjunction with Article 47 of the Charter, does not preclude a system that limits the powers of the State court to damages alone, provided that at least the sports justice body ruling at last instance satisfies the cumulative requirements of a “court or tribunal” within the meaning of EU law (independence, impartiality, establishment by law, judicial function and effective review). Finally, the analysis addresses two issues left open by the Court: the compatibility of the general clause of loyalty, fairness and probity with the principles of legality and foreseeability, and the competitive impact of sports disciplinary sanctions.