The judge in the landmark High Court battle between the Premier League and foreign satellite suppliers AV Station and QC Leisure has referred the case to the European Court of Justice, writes Ewan Turney.
The case could now drag on for another two years while it takes its place in a lengthy queue.
The Premier League was seeking a ban on importing, selling, hiring, advertising, installing and maintaining decoders.
The defendants denied breaking copyright law and claim that the attempt to stop them selling the decoder cards is in breach of the EC Treaty, which guarantees the right of free trade between member states.
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
Premier League spokesman
“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,” said Mr Justice Kitchin.
”I believe the issues which I have identified and upon which the assistance of the Court of Justice is sought are so fundamental that they should be considered as a whole by the Court at the earliest opportunity.”
Paul Dixon of Molesworths, Bright and Clegg, who represented AV Station, said: “The importance of this test case cannot be overstated.
“We satisfied the court that there is a significant demand for the reception of satellite broadcasts in Member States outside the state of origin, for a variety of reasonable purposes, including a demand by Premier League clubs themselves who had installed foreign satellite systems in order to look at match broadcasts of both FA Premier League and foreign league games for player analysis and scouting purposes.
"Kitchin J readily acknowledged that this litigation could have significant consequences for the European broadcasting market.
“From the outset we have asserted that the issues which we have raised in relation to EC competition and free movement laws should be considered by the European Court of Justice.
"I am delighted that Kitchin J accepted our submissions and has chosen to refer the issues straight to the ECJ.”
A Premier League spokesman said: “The Premier League respects the right of Mr Justice Kitchen to refer to the European Court of Justice and is encouraged to see the court has accepted the strength and substance of our arguments.
“Our stance on the illegal supply and use of foreign satellite equipment to broadcast Barclays Premier League football has been unequivocal and 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.”
When the European Court has reached a decision the matter will then have to return to the High Court here for a decision after which it will be open to either side to mount appeals – a process again which could take years to exhaust if they go all the way to the House of Lords.
Meanwhile, round two of the Karen Murphy case is set to start today/
