Scottish foreign satellite football case could impact English pubs
The case involving Lisini Pub Management found that an undertaking in which the SPL said it was unlawful to broadcast live football matches using a foreign decoder was not binding.
Judge Woolman said that this was because the ‘interim interdict’ (temporary court order) was based on allegations that the European Court of Justice (ECJ) has held to be invalid.
It followed the QC Leisure case in which the ECJ ruled against the Premier League, stating that the sale of European foreign-satellite decoder cards is " contrary to the freedom to provide services".
As a result, Lisini lodged a counter-claim over the undertaking and is seeking damages of £1.7m. However, the FAPL claims the screening of matches via such decoders is still illegal as the programmes contain copyright material.
Woolman added: “In my view the English Premier League case has an important bearing on the present action. The material facts are virtually identical. The ECJ gave clear answers to the precise questions referred to it.
“Its decision means that subscribers in member states are entitled to access broadcast signals from other member states. An EC citizen living in, say, Germany, should not be prevented from obtaining a signal from Sky, the BBC, RAI, Nova or Polsat. The ECJ has held that the object of such agreements is to restrict competition.”
Licensing lawyer Peter Coulson told the PMA: “I think it may have an impact on undertakings that have been asked for by the FAPL’s (FA Premier League’s) lawyers from publicans not to use foreign satellites.”
He added that, if Lisini is successful in claiming damages from the SPL, English pubs could do the same with the FAPL. The FAPL declined to comment.
Last October, the PMA reported that pubs were at the centre of a fresh crackdown on foreign football broadcasts. Law firm DLA Piper required a handful of pubs to sign up to various ‘undertakings’ to avoid legal action.
Lisini marketing director Siobhan Edwards said that the company is "quietly pleased" but could not comment further because the case is still ongoing.
