News: European Advice on Satellite TV
- Date: 03/02/2011
- Source: Poppleston Allen
- Author/Solicitor: James Anderson
There has been an extremely interesting development which has been announced today in relation to the use of Sky television in pubs.
It has been the frustration of many operators particularly in tenanted estates that to show sport, particularly football, commercially, using the Sky satellite channels is prohibitively expensive.
Some operators have looked to alternative suppliers and Karen Murphy of the patriotically named Red, White and Blue in Portsmouth used a cheaper Greek satellite receiver to do the same job.
She was prosecuted by the Football Association Premier League Limited, convicted and fined in the Magistrates Court. She has then gone from Court to Court putting forward the argument that this is fundamentally unfair and, unfortunately, been rebuffed at every step.
Finally she has arrived at the European Court of Justice who may take a different view.
The Advocate General whose opinion the Judges in the Court usually follow has indicated that 'the exclusivity agreement relating to transmission of football matches are contrary to European Union Law.'
We await with interest the final decision of the Court and then, I understand, the matter will have to be re-heard by the English High Court but if this preliminary opinion is followed it could have significant implications for many pubs, licensees and customers in the United Kingdom.
For more information please contact James Anderson
