Legal game plan: What the Austrian government programme 2025–2029 means for sports law

Optimal legal framework for sports

The government has set itself the goal of creating a legal framework for employment relationships in the sports sector, taking into account the specific characteristics of sports in labour, tax and social law ("Berufssportgesetz").

This declaration of intent is not new — it has appeared in numerous government programmes since the early 2000s. The background is clear: the general legal framework in labour, tax and social law often does not fit with the specific needs of the sports industry (a prime example being working time regulations). This affects not only athletes, but also coaches and support staff.

Experience has shown that this is a complex undertaking. Two corresponding drafts of a "Berufssportgesetz" were introduced in the early 2000s, but no agreement was reached. It remains to be seen whether it will succeed this time. In any case, certain points from the collective bargaining agreement for football players in the Austrian National Football League could serve as a useful reference point.

Training bonuses and "Austrian pots"

Under the heading "Commitment to top-class sports", the government programme sets out the following objective: to examine the introduction of a training bonus for clubs with demonstrably successful youth development in international competitions, along with an "Austria pot" and training bonus financed from existing federal sports funding. These measures are being considered for team and league sports.

The government's objective is understandable and welcome from a sporting perspective. The promotion of young athletes and national teams is essential across all disciplines. Financial incentives such as training bonuses can play an important supporting role. However, the legal implementation is incredibly complex. Such incentive systems can conflict with EU law, and their permissibility largely depends on their specific design. For the sake of completeness, it is worth noting that comparable incentive models already exist — for example, in the Austrian National Football League.

Expansion of sports infrastructure

Austria's sports infrastructure has also been a topic of political debate for years, in particular the lack of indoor grounds and the ongoing discussion about a new "national stadium". Unsurprisingly, the government now intends to examine the construction of a new multifunctional national stadium with the integration of shared services in a "House of Sports". Special attention will also be paid to indoor sports.

Few would seriously dispute the need to upgrade Austria's sports infrastructure. However, the how remains controversial. The following legal aspects are an integral part of the discussion:

• Will the expansion require an environmental impact assessment ("UVP")?
• What provisions of public construction law and nature protection law must be followed?
• What requirements do the sports grounds regulations contain?
• Could the protection of historic monuments really become a dealbreaker?

Additionally, the current tight budgetary situation in Austria makes the expansion of sports infrastructure even more difficult.

Focus on sports betting

Speaking of the tight budgetary situation, the government programme foresees an increase in the betting fee to 5 % from 1 January 2026 to align with the European standard. In addition, the government plans to review competence in betting to achieve uniform supervisory and player protection standards across the board, while also eliminating duplication.

However, the increase to 5 % already came into effect on 1 April 2025 — nine months earlier than initially announced and without any transition period. This understandably caused widespread criticism. As betting providers are responsible for numerous sponsorships in sports, the early increase has an impact on the entire sports industry. It is expected that providers will now have to cut back on sponsorship accordingly. This will affect both top-class and grassroots sports.

On the other hand, the planned review of (national) competence in betting can be described as a "perennial issue". The industry's call to standardise regulations is understandable. Whether transferring competence to the federal level is realistic is another question and will not be addressed further here.

Ambitious plans ahead

In addition to the points outlined here, the government is pursuing other promising initiatives, such as the further development of federal sports funding. Overall, the government programme is both sporty and ambitious. It remains to be seen whether these plans will be translated into action, especially given the tight budgetary constraints. Ensuring legally compliant implementation must not be overlooked in any of these initiatives.