Update: 4th October 2011
At last the great news we have all been waiting for!
The European Court of Justice has today ruled in favour of Karen Murphy against
the F.A. Premier League.
The European Court of Justice now says that "...national laws which prohibit the import, sale or use of foreign decoder cards are contrary to the freedom to provide services."
This means that pubs can now use foreign decoder cards from European Union countries for Premier League games!!
So why wait, call for a quote today 01763 247048
updated 4th of Feb 2011
The Advocate General, Julianne Kokott today delivered her opinion to the European
Court of Justice.
She has stated that Satellite Decoder Cards could not be limited to one territory within the EU as that would “partition the internal markets” and oppose the principles of the freedom of the European market.
It is now over to the Judge for his decision within the next few months. It is important to remember that most judgements in the European Court of Justice go along with the Advocate generals opinion. In addition her opinion was not woolly, it was the main thrust of her argument that the use of foreign decoder cards is not against European law.
Rent a System from us now, you will not currently be taken to court, if the Judgement goes in our favour, which looks likely, you can continue to use the System indefinitely. If the Judgement goes against us, which looks very unlikely you can stop your rental and stop using the System.
You have nothing to lose and a lot to gain!
Contact us Now! 0845 009 1881
The European Court of Justice is to rule on whether or not geographical restrictions apply to the use of Satellite Systems within the European Union.
The Premier League says it would be "pointless" bringing new prosecutions for the screening of European Union Foreign Satellite Systems at pubs until after the landmark legal case in Europe.
Premier League spokesman Dan Johnson was quizzed about Foreign Satellite Football on Radio 4's "You and Yours" show, alongside Karen Murphys solicitor, Paul Dixon.
Johnson said "the difficulty is that until it's settled at a European level, it would be pointless bringing UK prosecutions (of licensees) as the courts would merely refer them to the pending European judgement.
Karen Murphy’s appeal at the ECJ will be heard today (5 October 2010) but it is likely to take until the following spring for the judge to make his decision on how EU law should be implemented.
Murphy, formerly of the Red, White & Blue in Portsmouth, is appealing against her conviction for screening Premiership football via Greek channel Nova Supersport. She first took up the case in June 2006.
Since there have already been fairly lengthy written arguments presented to the European Court from both sides, the actual hearing on 5 October should last no longer than a few hours, according to general procedures.
From there, it will take a couple of months for an advocate general to return an independent opinion to the court, and the judge will consider this recommendation before returning his own judgment three to six months later.
The judgment will take the form of answers to the questions posed by the High Court in England, about how EU law should be interpreted in this case, it will then come back to the High Court in England & it is then up to the High Court to apply the law, as defined by the EU, to Murphy’s case, and reach its own conclusion, this is likely to be in the summer of 2011.
Last updated 5th October 2010.
Quotes from the trade press.
From The Independent
Pubs win the right to show football on Saturday afternoons By Barrie Clement
Pubs will be able to screen live Premiership football on Saturday afternoons
in defiance of Sky television bosses under a landmark Crown Court judgment.
A judge overturned a conviction against a pub landlord who exploited a loophole in the law by using the services of a television company based in Greece.
The Union of European Football Associations had banned publicans from screening Premiership football between 2.45pm and 5.15pm at the request of the Football Association Premier League (FAPL).
Brian Gannon, 56, a licensee from Milnrow, near Rochdale, Greater Manchester, was fined £1,500 under copyright laws and ordered to pay more than £3,000 in costs for showing matches in the "closed period". Mr Gannon appealed against the magistrates' court ruling, successfully arguing that the ban only applied to services originating in Britainand that there was no "dishonesty" involved because he paid for the service.
From the Morning Advertiser
Satellite TV hosts win court victory By Gemma
Licensees using foreign satellite systems to screen football have recorded
a 12-7 victory in the courts.
But a district judge in Chester ruled that each case must be heard individually.
Ray Hoskin, managing director of Media Protection Services (MPS), said that “all future cases will now hinge on subjective dishonesty grounds only” adding that all other lines of de-fence had now been exhausted.
In October, 26 defendants from 19 pubs formed a group to organise a combined
defence against dishonestly receiving TV transmissions via Albanian channel
DigitAlb to screen Premier League football.
All of these cases have now been heard, and Paul Dixon, who represented all the defendants, said: “Now we will carry on the battle elsewhere around the country.”