Pub
landlord Karen Murphy is defending her right to show English
Premier League matches in her pub using a fully paid up
subscription to Greek satellite TV.
In a decision that could change the way sports rights are
sold across the continent, the European court of justice was
advised that forbidding pubs from buying in cheap football
coverage from overseas operators was incompatible with European
free trade laws.
Murphy was taken to court by a company representing the
league over her decision to import a Greek decoder to show the
games rather than paying Sky, which holds the rights in the UK.
She has fought the case all the way to the highest European
court.
Juliane Kokott, one of the eight advocate generals of the
European court of justice, advised that selling on a
territory-by-territory basis represented a serious impairment
of freedom to provide services, adding that the economic
exploitation of the [TV] rights is not undermined by the
use of foreign decoder cards as the corresponding charges have
been paid for those cards.
Because Murphy had paid the legitimate rights holder in
Greece, she was entitled to receive its satellite broadcasts.
Whilst those charges are not as high as the charges imposed in
the UK there is ... no specific right to charge different prices
for a work in each member state, Kokott said. Selling on a
basis of territorial exclusivity was tantamount to profiting
from the elimination of the internal market.
Kokott's opinion is not binding, but the Luxembourg court
usually follows the advice of advocate generals. The court is
expected to deliver its verdict later this year. As well as the
criminal case against Murphy, civil cases against two importers
of the decoder cards are being considered in parallel.
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