The EU Court of Justice renders its judgment on licensing of satellite broadcasting holding that national law blocking the importation of foreign decoders is contrary to the freedom to provide services (Football Association Premier League)

The Court of Justice Speaks On Licensing Of Satellite Broadcasting* On October 4, the European Court of Justice rendered its judgment in Premier League v QC Leisure. The Court concludes that blocking the importation of Greek pay-TV decoders into the UK restricts the freedom to provide services without justification on grounds of IP protection. The Court also holds that a contractual prohibition to sell the decoders outside Greece infringes Article 101 TFEU. At the same time, the Court makes clear that it does not challenge the possibility to conclude exclusive, territorially limited broadcasting licenses. The Court’s reasoning – unlike the Advocate General’s opinion – is more narrowly tailored to the facts of the case and avoids the broader implications proposed by the Advocate General.

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  • Cleary Gottlieb Steen & Hamilton (Brussels)

Quotation

Thomas Graf, The EU Court of Justice renders its judgment on licensing of satellite broadcasting holding that national law blocking the importation of foreign decoders is contrary to the freedom to provide services (Football Association Premier League), 4 October 2011, e-Competitions October 2011, Art. N° 39259

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