Foreign satellite prosecutions "pointless" until EU test case

21 November, 2008

The Premier League has admitted it is “pointless” bringing fresh prosecutions against pubs using foreign satellite systems until the matter is tested in Europe.

However chief spokesman Dan Johnson warned licensees “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, although it is hoped by both sides it will be brought forward.

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 should be 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.”

Later, responding to the presenter’s previous suggestion that elements of what the suppliers were doing “feels a bit dodgy”, Dixon said: “The only reason why there appears to be something dodgy about it, people appear to be breaching restrictions in the subscriber agreement – the only reason those restrictions are there is because they are imposed by the likes of the FAPL on the broadcasters.”

To listen to the full piece click here You and Yours - with a listen again facility

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