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Tonucci & Partners is considered one of the most active Italian law firms in
the Sports and Games Law sector.
Through long-lasting consulting relationships with the National Olympic Committee
(CONI) and numerous National and International Sport Federations, the Department
has cultivated substantial expertise in Sports and Games Law. The Department
specializes in the following:
- Drafting and revision of National Sport Federation (FSN) Statutes in
compliance with the directives of the National Olympic Committee (CONI) and
documents
regulating the functions and activities of the entities operating. This activity
assumed even greater importance after the enforcement of the Legislative
Decree 23 July 1999 n. 242 (so called Melandri's Decree) and its subsequent
amendments (Legislative Decree 8 January 2004 n. 15 so called Pescante's
Decree), containing the directive for "CONI reorganization".
- Drafting of internal Regulations of National Sport Federations, assistance
in sport related arbitration procedures. In fact, many of the Firm's attorneys
act as sport judges in different FSN. Anti-doping procedures, following the
recent normative changes, are also the subject of specific services.
- Constitution of Sports Clubs and Sports Associations; sports clubs
incorporation and floating in the stock exchange market.
- Financial support to sport clubs, purchase and sale of sports clubs
shares; assistance in sport clubs adherence to national sport Federations;
assistance
to unrecognized sport federations in joining the International Olympic Committee.
- Organization of meetings, conferences and sport events, including all
relative agreements with international sport Federations, municipal Administrations
and other Local Entities, event organizers, sponsors and TV channels in charge
of broadcasting. Tonucci & Partners has provided legal support in the organization
of sport events such as: the International Tennis Championships - Master
Series circuit - which occurs annually in Rome, the Italian Golf Open
Championships, the 1994 Rome Swimming Championships, the 1998 Davis Cup final,
the 1998 Handball Championships and the 1999 Hockey on grass European Championships.
- Assistance in tenders, auctions and public supplying of goods and/or
services operated by national sport federations.
- Assistance in Intellectual Property Rights matters related to sport
events.
- Negotiation and drafting of agreements and contracts related to the
sports world (i.e.: sponsorship contracts between sport clubs and athletes,
managers,
trainers, transfer contracts, contracts for sport facilities management,
agreements between athletes and sport proxies, etc).
The Department's activities in Sport Law are in co-ordination with services
offered by other Firm's Departments. For example, the growth of Internet
based activities has brought an increase in legal assistance requests from
sport Federations and sport clubs for web site implementation and administration,
protection of on-line Intellectual Property rights, agreements with Internet
Service Providers, etc.. The Department's services are also in co-ordination
with the Employment and Immigration Department (assistance with sport labor
ties, immigration procedures for extra-EU sport workers, etc.).
In the Games and Gambling sector, Tonucci & Partners provides consulting
on the management of the soccer betting game "Totocalcio". Moreover,
following the introduction of sports betting in Italy, the Firm, under CONI's
supervision and control, provided legal assistance in drafting the governmental
sector's deeds of regulation. The Firm has also assisted CONI in issuing
the necessary authorizations to establish and manage betting agencies.
Additionally, the Firm advised an Italian licensee regarding the introduction
and management of F1 World Championship betting.
The Firm negotiated and drafted the relative agreements with the F1 board
representatives on Intellectual Property Rights protection and provided legal
assistance on the regulations related to the introduction of the new betting
game.
Of particular mention are the Department's specialized legal services
for the compliance of internet based games and sports betting with the national
specific directives (i.e., among others: the Ministry of Economy - Finance
Decree 15 February 2001, n. 156 "Regulation containing the authorization
for phone and on-line stake raising relative to bets, games and gambling ")
and to international directives, including all the effects on the Italian legal
framework (i.e.: changes in the Italian directive on web based gambling following
the European Court of Justice sentence, 6 November 2003, so called "Gambelli
case" ).
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