Source: All England Reporter
Publisher Citation: [2011] All ER (D) 26 (Oct)
Court: Court of Justice of the European Union (Grand Chamber)

Judges Skouris (President), Tizzano, Cunha Rodrigues, Lenaerts, Bonichot, Arabadjiev and Kasel (Presidents of Chambers), Borg Barthet, Ilesic, Malenovsky (Rapporteur) and von Danwitz

Judgment Dates: 4 October 2011


European Union - Services - Freedom of movement - Television broadcasting - Broadcasting of football matches - Reception of broadcast by means of satellite decoder cards - Satellite decoder cards lawfully placed on market in one member state and used in another member state - Prohibition on marketing and use in member state - Visualisation of broadcasts in disregard of exclusive rights granted - Exclusive licences to broadcast in single member state - Reproduction of works within memory of satellite decoder and on television screen - Communication of works to public in public houses - Council Directive (EC) 98/84, art 2(e) - Council Directive (EC) 2001/29, art 2(a) - Council Directive (EEC) 93/83.

The Case

European Union Services. The Court of Justice of the European Union gave a preliminary ruling concerning the marketing and use in the United Kingdom of decoding devices which gave access to the satellite broadcasting services of a broadcaster, were manufactured and marketed within that broadcaster's authorisation, but were used, in disregard of its will, outside the geographical area for which they had been issued.

Practice Areas

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