The Premier League has admitted it is “pointless” bringing fresh prosecutions against pubs using foreign satellite systems
until the matter is tested in Europe and that will take another 18 months or so according to Dan Johnson the chief spokesman of the FAPL.
Johnson warned licensees
if the test case goes in our favour then as soon it’s settled we will take action against those who are breaching the law
The comments were made during a feature on foreign satellite sport on BBC Radio 4’s You and Yours programme today.
Asked whether licensees that use the systems prior to the European case would be accused of breaking the law, Johnson told the programme: “We will continue to monitor and we will continue to advise.
The difficulty is until it is settled at a European level it would be pointless bringing UK prosecutions, because the courts would merely refer them to the pending European judgement
The issue is to be tested in the European Court of Justice sometime in the next time 18 months;
Paul Dixon, a partner at solicitors Molesworth Bright Clegg, who represents licensee Karen Murphy and supplier AV Station, also appeared on the programme arguing the systems are legal in this country under EU law.
We are not a nation state anymore in terms of trade with other European states,” he said. “We are part of one single market – the European market and that is already proven
By News Editor -John Harrington and published in the morning Advertiser 27th November 2008
The Premier League says it would be “pointless” bringing new prosecutions for foreign satellite screenings at pubs until after the landmark legal case in Europe. However, Premier League spokesman Dan Johnson warned that action would be taken against licensees who use the systems after licensee Karen Murphy’s appeal is heard at the European Court of Justice.
Johnson was quizzed about foreign satellite football on Radio 4’s You and Yours show today, alongside Murphy’s solicitor Paul Dixon. Johnson was asked whether licensees using foreign satellite systems would be accused of breaking the law until after the Murphy case is heard in around 18 months. He said: “The difficulty is, until it’s settled at a European level; it would be pointless bringing UK prosecutions because the courts would merely refer them to the pending European judgment.”
Johnson was asked about licensees feeling they can use foreign satellites freely in the meantime. He said:
Well it’s in the bag as far as going to Europe is concerned, its cost a lot of money and heartache but we have stood shoulder to shoulder with our customers all the way and indeed the best legal minds in the land have proven that this case must be heard in Europe.
The high court battle against the FAPL has drawn to a close and the official announcement of the referral to Europe was brought forward to 10.30 am this morning, its 95 pages long and you are welcome to a copy but basically Justice Kitchin said
“The issues in this case have at their heart the proper interpretation of a number of instruments of Community legislation concerning the cross-border broadcasting of television programmes by satellite”
This means the case is defiantly going to Europe which is something the FAPL desperately wanted to stop and it’s going on the vast majority of counts with the judge’s recommendation that the FAPL are in the wrong. The judge did not have to do this but felt strongly enough to actually put his recommendations forward and almost without exception found in favour of the defendants. It would be a very rare occurrence for Luxemburg to go against these recommendations and though possible it is practically unheard of.
The FAPL could appeal this but they will not get anywhere and they would look pretty stupid as they came out today and stated “we relish the opportunity for a definitive ruling at the highest possible level, in order to end the confusion we know this issue causes in the licensed trade.” which is a far cry from them trying to deny us access to Europe only a few months ago and which they lost and we were awarded costs of £80,000. A dirty tricks campaign will no doubt ensure but in layman’s terms no one will be able to prevent you from showing legally scoured foreign satellite for the foreseeable future. The MPS may try but it would be a very ill informed court that would hear such a case prior to any European judgement.
Now far be it for Digital Sales to say I told you so but we did and have been saying it since 2002. Now you really need to get moving and take advantage of games you do not normally get on UK TV stations and stop your clients walking in to your competitors bars. Our expertese in this field makes us market leaders in the supply and installation of EU scoured alternative satellite systems.
Now every day that passes is another day of that you are not enjoying the benefits of the enhanced coverage provided by the alternative sources of satellite. Every week that goes by is another missed opportunity to show the 3pm game and dramatically enhance your turnover but as they say, you can lead a horse to water but you cannot make it drink. The entrepreneurial few have been enjoying our service for years and now it’s time for the newly enlightened and risk adverse majority to follow suit or risk being another casualty of the recession.
Think about it, it will go in our favor but you have 18 months of punitive costs before that happens if you don’t jump ship now. Even in the unlikely event that it went against us, then you have to stop using one of our systems then you stop paying us and that’s the end of it. You will not be successfully “retrospectively” prosecuted by anyone and you will have enjoyed 18 months of hassle free and cost effective sport coverage and if that’s not sensible I will show my bottom in Woollies window, though I will have to be quick !
We therefore need to start making plans for rolling out European Satellite Systems to commercial facilities here in the UK and this needs to be done quickly to avoid disappointment and to ensure that you have the very best, maintained, insured, future proofed and hassle free managed systems with the largest programme choice within your desired outlets.
You will not be denied the 3.00pm games and you will be able to subscribe to our offering which now cannot be proven to be illegal.
We already have large quantities of systems in operation and have had so for a number of years and indeed all with very satisfied customers. It’s imperative that you go with a reputable supplier with a proven track record we have over 25 years experiance and our suppliers have worked with us for a minimum of at least 5 years so your subscribtion is safe we have full access to systems to be able track back to source so please bear this in mind when considering your options.
If you do want to know more then please have one of your team call me on 01257 471223 and we will be happy explain all of this in greater detail and arrange a visit to your Club or Bar
©JIB Designs 2008