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EU Law Updates

There are two areas relating to EU Law that I’d like to mention today. The first of these is relating again (as with the Alcohol Bill) to competition laws. Karen Murphy, a landlady of an English pub has won her most recent case hearing in the ECJ relating to the legality of using a foreign (importantly other EU State, Greek) decoder in order to view and display English Premier League football games. A decent summary of the case can be found at:

http://www.bbc.co.uk/news/business-15162241

What is crucial for all of you to understand is that the landlady was not ‘stealing’ anything, and was not getting the games for free. She was in fact paying an annual subscription to the provider to display the games. It just so happens that the subscription was substantially cheaper than a commercial subscription in the UK is for either Sky or ESPN. Sky, ESPN and the Premier League were trying to claim that by using a foreign transmitter, Mrs Murphy was breaching copyright laws (due to the contract the broadcasters have in place for UK broadcast rights), however the ECJ has ruled that a game of football cannot be considered to be intellectual property for the purposes of broadcasting. The only elements that copyright can apply to are broadcaster logos, programme introductions, interviews conducted by broadcaster personnel, highlight packages that have been created by the broadcasters etc. but not the live game itself. Also, of course one of the most fundamental principles within the EU is for free trade of goods and services. It is the ECJ’s interpretation that being restricted in your own EU member state from acquiring a service (in this case a transmitter / decoder card for television) legally from another member state, is an illegal restriction on competition by that state.

Of course this case is likely far from finished, this is just the latest round in the ongoing saga, however should the result be that the UK courts are forced to adhere to the ECJ ruling, it could spell the end for exclusive monopoly deals within individual member states for television rights for live sporting events. It could be that in the future we may see EU wide tendering for broadcast rights, which would only in my opinion be a good thing for competition laws, and EU citizens on the whole.

The second area I want to mention in brief is another article from the BBC with David Cameron discussing his own position relating to the ongoing war of words relating to the UK’s position as an EU state.

http://www.bbc.co.uk/news/uk-politics-15164497

Of course many of his own Conservative traditionalist backbenchers are making ongoing calls to the effect that the UK should withdraw completely from the EU. (This in my opinion displays a breathtaking naivety of how ingrained EU law is to our own domestic law now and how difficult it would be to withdraw, and also a huge ignorance as to the benefits the UK actually receive due to free trade and movement agreements – simply put, the UK would be MUCH worse off were it to leave the EU in literally every single area of industry without exception).

On the other hand, the other half of the coalition, the Liberal Democrats are about as pro EU as it gets and have said that there is no way that they will allow whilst part of the coalition, for any moves to be made in the direction of pulling out of the EU.

All of this places David Cameron in a tricky situation of course in terms of both appeasing his backbenchers, and maintaining a harmonious relationship within the coalition.

Speaking in response to the Greek economic crisis, Mr Cameron has been quoted by the BBC as saying:

“As eurozone countries move to co-ordinate more, as I believe they should, those outside the eurozone will need certain safeguards to make sure that what the eurozone countries are agreeing separately does not affect the single market…. The eurozone crisis is holding back the whole world economy, Britain included….. Clearly the Greek situation needs to be resolved one way or another and extremely quickly….. I don’t think the choice the country really wants to address is ‘in or out’, I think the choice people would like is ‘actually can we stay in this organisation because it is vital for our trade and economic future but can we change it?….. Most people’s view on Europe, I think, is pretty close to my own which we have to be in there for trade and co-operation. We have always been a trading nation and to cut ourselves off from this market would be a mistake.”

I would like to point out that I am not a Conservaitve in my political outlook, however in relation to most of the above (apart from the need to change the UK relationship with the EU), I agree with Mr Cameron’s sentiments almost entirely.

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Posted by on October 4, 2011 in Uncategorized

 

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