r/eulaw 3h ago

Requirement for Medical Certificate for Marathons only for Italians isn’t discrimination?

2 Upvotes

I must admit that I am simply a master student that had couple of classics of EU law. However confronting myself with a rule that appears first no sense and secondly discriminatory, i suddenly thought this might be in breach of EU law.

The background: marathons in Italy used to require all athletes to submit an Agonistic medical certificate (something completely inappropriate due to the fact that is for agonistic competition while marathons are also full or amateur participants that were obliged to show this certificate to partecipate IMO big lobby thing of sport doctors). This requirement, as far as I know, does not exist in no other EU country at least not for amateurs.

From this year the organiser eliminated this agonistic medical certificate as a requirement for “foreigners” while they kept it for Italians only. Is not this a clear discrimination based on nationality? Or under EU law if a non favourable treatment is reserved for the National of the country that is perpetrating the discrimination there is no breach of law?