Brussels, 03/10/2011 (Agence Europe) - The Court of Justice of the EU is due to deliver an important ruling on Tuesday 4 October in two cases - C-403/08 and C-429/08 - which relate to the extent of the obligations that those granting exclusive licences can impose on sports broadcasters. The High Court of Justice in London has asked it, inter alia, if, by virtue of these obligations, broadcasters can ban the marketing of satellite decoders, which are legally marketed in other member states, in order to prevent broadcasts of football matches being picked up outside the area covered by the broadcast licence. Other questions were put. Can these decoders be considered to be illegal equipment given that they are imported into an area covered by the broadcast licence to pick up these same matches which are being broadcast abroad? Can those who sell such decoders in the country covered by the licence be said to be committing an illegal act? Can the broadcaster of sports events seek damages?
All these questions relate to the balance between the protection of property rights under national law and EU law and the free movement of goods and services in the internal market, and also free competition rules and the prohibition on market fragmentation. (FG/transl.rt)