Sky will not give evidence in landmark foreign satellite case

By Ewan Turney

- Last updated on GMT

Related tags European court of justice European union

Foreign Satellite football: case set to be heard in Europe
Foreign Satellite football: case set to be heard in Europe
Sky and several other sports broadcasters will not be allowed to give evidence in a landmark foreign satellite football case.

Sky and several other sports broadcasters, as well as UEFA, will not be allowed to give evidence in a landmark foreign satellite football case in Europe.

The European Court of Justice (ECJ) has ruled that although the parties have a "definite interest in the answers to be given by the court" in the case against foreign satellite suppliers QC Leisure and AV Station, they do not have the right to submit evidence.

Article 23 of the Statute of the European Court of Justice limits the right to submit evidence to those parties who took part in the action before the national court.

The case against the suppliers was referred to Europe in June 2008 by Mr Justice Kitchin in the High Court after the Premier League, which is spearheading the case, had sought a ban on importing, selling, hiring, advertising, installing and maintaining decoders.

Previously, Kitchin ruled that he did have the jurisdiction to allow UEFA and the broadcasters to take part in the European proceedings and ruled to let them intervene.

He ordered the UEFA and the broadcasters to pay the legal costs of what he said was an "unusual and unprecedented" application, on top of their own lawyers' costs. They were ordered to pay £45,000 up front, with the total costs bill sought believed to be around £76,000.

But the latest ruling from the ECJ means they will now not be allowed to submit evidence in the case.

The ruling said: "The application to participate in the proceedings submitted respectively by UEFA, Sky, Setanta and the Motion Picture Association, are rejected."

The case is set to be heard at the same time as the Karen Murphy case, although no date has yet been set for the proceedings to kick-off.

Related topics Licensing law Legislation

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