The decision of the Supreme Administrative Court of September 25, 2025 (II GSK 827/25), which ended a 16-year dispute between the Łódź Sports Club (ŁKS) and the Polish Football Association (PZPN), serves as an important reference point in the discussion about the limits of sport’s autonomy in Poland.

What is the ŁKS vs. PZPN case about?

In the 2008/2009 season, ŁKS finished 7th in the Ekstraklasa, guaranteeing their survival. Despite this, the Polish Football Association (PZPN) refused to grant a license for the following season, citing failure to meet financial and infrastructural requirements . As a result, ŁKS was relegated to a lower league, which, according to the club’s estimates, resulted in financial losses of approximately PLN 30 million. ŁKS considered the decision unfair and appealed to the administrative court.

Between 2005 and 2010, applicable regulations allowed challenges to sports association licensing decisions in administrative courts. The dispute between ŁKS and the Polish Football Association (PZPN) lasted 16 years and went through all levels, including the Constitutional Tribunal and the Central Anticorruption Bureau.

What did the NSA rule? Ultimately, in September 2025, the Supreme Administrative Court (NSA) dismissed ŁKS’s complaint. The NSA found that the PZPN’s licensing decisions were “sui generis acts,” specific only to the sports system, and not to classic administrative decisions.

The court confirmed that the Polish Football Association (PZPN) conducted the licensing process correctly. and operated within the limits of sport’s autonomy, in accordance with its own regulations.

Autonomy of sports

Autonomy of sport is one of the fundamental principles of international sports law. It means that sports organizations have the right to shape their own regulations, grant licenses, and resolve internal disputes without direct state interference.

At the same time, this autonomy is not absolute, but functional. It is intended to ensure that decisions in sport are made quickly, professionally, and with respect for the principles of fairness.

New Sports Act of 2010

From 2005 to 2010, the Qualified Sports Act was in force in Poland, which expressly allowed appeals against the Polish Football Association’s licensing decisions to administrative courts. This meant that decisions made by sports federations were subject to government oversight.

However, the ŁKS case demonstrated that this form of oversight threatens the autonomy of sport and leads to lengthy disputes. Consequently, in 2010, regulations were amended and a new sports law was introduced, which abolished the ability to appeal licensing decisions to administrative courts, transferring full authority to the Polish Football Association (PZPN).

Currently, clubs can appeal decisions of the PZPN Club Licensing Committee to the Appeal Committee and, subsequently, to the PZPN Football Arbitration Court. Common courts intervene only in exceptional circumstances, for example, in the event of a flagrant violation of the law.

The significance of the Supreme Administrative Court’s ruling – a „sui generis” act in sport

The Supreme Administrative Court ruled that the Polish Football Association’s licensing decisions are not classic administrative decisions, even though they have similar legal effects. They are sui generis acts, i.e. acts of a special nature, specific to the sports system. Such acts combine elements of private and public law and are the result of authoritative decisions, but issued by an entity that is not a state administrative body.

The court emphasised that as long as the federation operates in accordance with its own regulations, maintaining the principles of transparency and fair conduct, the autonomy of sport should be respected. In practice, this means that state authorities should not interfere in the decisions of associations, as long as they do not violate the fundamental principles of the legal order.

To sum up

The ŁKS vs. PZPN case is more than just a licensing dispute; it straddles the line between state oversight and self-regulation of sport . It demonstrates that the autonomy of sports organizations does not exclude accountability, but instead requires transparent and fair internal procedures.

If you are interested in the topic of sports licensing and want to understand how the FIFA, UEFA, and PZPN systems work, please visit our blog sportlaw.eu, where we published the article ” Licensing of FIFA, UEFA and Polish Football Association football clubs – a practical guide”

Sources: 

1. FIFA (2024). FIFA Statutes.
2. UEFA (2024). UEFA Statutes.
3. Ustawa z dnia 25 czerwca 2010 r. o sporcie (Dz.U. 2010 nr 127 poz. 857, z późn. zm.).
4. Trybunał Sprawiedliwości Unii Europejskiej (2006). Meca-Medina and Majcen v. Commission of the European Communities, Case C-519/04 P, ECLI:EU:C:2006:492.
5. Naczelny Sąd Administracyjny (2025). Wyrok z dnia 25 września 2025 r., sygn. II GSK 827/25, niepublikowany (orzeczenie kończące spór ŁKS – PZPN).
6. Piechota, R. (2017). Organizacja i zarządzanie sportem w sektorze pozarządowym. W: M. Leciak (red.), Leksykon prawa sportowego. 100 podstawowych pojęć (s. 11, 120). Warszawa: Wolters Kluwer.
7. Council of Europe (2021). European Sports Charter (Revised 2021), Article 4. Strasbourg: Council of Europe Publishing.