Football Association Premier League Ltd & Ors v QC Leisure (A Trading Name) & Ors

Football Association Premier League Ltd & Ors v QC Leisure (A Trading Name) & Ors

It is desirable to join each applicant as a claimant under CPR 19.2(2)(a) because their participation will assist the court in resolving fundamental law and policy questions in the ECJ reference; any procedural disadvantages to the defendants can be mitigated by conditions on advance notice and oral submissions, and the additional burden or delay is justified by the importance of the issues.

Parties
Claimants: Football Association Premier League Limited and Others; Defendants: QC Leisure (A Trading Name) and Others; Applicant to Be Joined as Claimant: Union des Associations Européennes de Football (UEFA); Applicant to Be Joined as Claimant: British Sky Broadcasting Limited (Sky); Applicant to Be Joined as Claimant: Setanta Sports S.a.r.l.; Applicant to Be Joined as Claimant: Group Canal Plus SA (GCP); Applicant to Be Joined as Claimant: Motion Picture Association (MPA)
Jurisdiction
England and Wales
Judgment Date
13 November 2008
Procedural Posture
Application to Join Parties in Ongoing Intellectual Property Proceedings / Ruling on Applications to Be Joined as Claimants for the Purpose of ECJ Reference
Outcome
Applications granted, subject to conditions.
Legal Topics
Joinder of Parties, Preliminary Reference Procedure, Broadcasting Rights, Copyright, Competition Law
Intellectual Property Civil Procedure European Union Law Joinder of Parties Preliminary Reference Procedure Broadcasting Rights Copyright Competition Law

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Parties

Football Association Premier League Limited and Others

Claimants

QC Leisure (A Trading Name) and Others

Defendants

Union des Associations Européennes de Football (UEFA)

Applicant to Be Joined as Claimant

British Sky Broadcasting Limited (Sky)

Applicant to Be Joined as Claimant

Setanta Sports S.a.r.l.

Applicant to Be Joined as Claimant

Group Canal Plus SA (GCP)

Applicant to Be Joined as Claimant

Motion Picture Association (MPA)

Applicant to Be Joined as Claimant

Procedural Posture

Application to Join Parties in Ongoing Intellectual Property Proceedings / Ruling on Applications to Be Joined as Claimants for the Purpose of ECJ Reference

Legal Issues

  1. 1 Whether applicants should be joined as claimants solely to participate in ECJ reference
  2. 2 Whether national law allows such joinder under CPR 19.2(2)
  3. 3 Whether joinder would unfairly prejudice defendants or burden the ECJ

Ratio Decidendi

It is desirable to join each applicant as a claimant under CPR 19.2(2)(a) because their participation will assist the court in resolving fundamental law and policy questions in the ECJ reference; any procedural disadvantages to the defendants can be mitigated by conditions on advance notice and oral submissions, and the additional burden or delay is justified by the importance of the issues.

Court Disposition

Applications granted, subject to conditions.

Orders

  • Applicants (UEFA, Sky, Setanta, GCP, MPA) joined as claimants for the purpose of making submissions to the ECJ reference only.
  • Applicants must provide defendants 28 days advance notice of any written observations to the ECJ.