Euro court rules against Premier League in TV dispute
4th October 2011
The European Court of Justice (ECJ) has ruled against the Premier League in
a crucial TV dispute. The ECJ's decision means that the Premier League can
no longer sell top-flight football's TV packages at different rates in
different countries. Instead one pan-European price is likely to be set
meaning a possible reduction for subscribers in the UK.
Remarkably the ruling stems from the prosecution, and subsequent appeal, of
one landlady. In 2007 Karen Murphy, who runs The Red, White, and Blue pub in
Southsea, was convicted of "fraudulent reception of transmissions" at
Portsmouth Magistrates' Court for showing Premier League matches.
However, Murphy argued that her conviction should be overturned as she had
purchased her subscription through Greek broadcaster Nova - a legitimate
European-based supplier. This, she said, was in line with legislation which
says the EU should operate as a single free-market.
Media Protection Services Ltd (acting on behalf of the Premier League)
disputed this and argued Murphy did not have an agreement with the UK rights
holders. At the time that was BSkyB although it is now Sky and ESPN.
But today the ECJ came down on the side of Murphy describing the current
set-up as "contrary to EU law". In a press release it also said: "The Court
of Justice holds that national legislation which prohibits the import, sale
or use of foreign decoder cards is contrary to the freedom to provide
services and cannot be justified."
FSF chair Malcolm Clarke said: "I remember court rulings in the past when
clubs, the leagues, and media have predicted disaster for football - the
Bosman ruling, end of the maximum wage and so on - but football always
survives.
"The Football Supporters' Federation isn't about to argue the rights and
wrongs of the ruling today which we'll leave to media analysts but we do
hope this leads to a reassessment of priorities by the professional game.
"For too long those who go to live matches have played second fiddle to the
whims of TV. The FSF hopes that the Murphy ruling encourages those running
the game to think again, and remember that the match-going fan is the life
blood of the game."
The ruling is unlikely to impact on the current TV deal but will come into
effect during the next round of negotiations.
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