Premier League Statement
Thu 3rd Feb 2011 | Television & Broadcasting
The Premier League are currently considering the detail of Advocate General Kokott’s Opinion but our initial view is that it is not compatible with the existing body of EU case law and would damage the interests of broadcasters and viewers of Premier League football across the EU.
“The Opinion expressed by Advocate General Kokott may reflect a particular policy view in relation to the provision of audio-visual services throughout the EU. However, if her opinion were to be reflected in the ECJ's judgment, it would prevent rights holders across Europe from marketing their rights in a way which meets demand from broadcasters whose clear preference is to acquire, and pay for, exclusive rights within their own territory only and to use those rights to create services which satisfy the cultural preferences of their viewers within that territory.
“We would hope that when the ECJ comes to its judgment in our case that the current European law, framed to help promote, celebrate and develop the cultural differences within the EU, is upheld.
“If the European Commission wants to create a pan-European licensing model for sports, film and music then it must go through the proper consultative and legislative processes to change the law rather than attempting to force through legislative changes via the courts.
“The ECJ is there to enforce the law, not change it.”
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