Football Association Premier League Ltd & Ors v QC Leisure & Ors

Football Association Premier League Ltd & Ors v QC Leisure & Ors

The court provisionally finds that 'illicit device' under Directive 98/84/EC refers to pirate devices, not lawfully issued decoder cards used outside their licensed territory; that claimants' rights under s.298 CDPA and copyright do not extend to controlling use of lawfully issued foreign decoder cards in the UK;...

Source-derived case information.

Parties
Claimant: Football Association Premier League Limited; Claimant: NetMed Hellas SA; Claimant: Multichoice Hellas SA; Defendant: QC Leisure (a trading name) / David Richardson; Defendant: AV Station Plc / Malcolm Chamberlain; Defendant: Michael Madden; Defendant: Sanjay Raval; Defendant: David Greenslade; Defendant: S. R. Leisure Limited; Defendant: Phillip George Charles Houghton; Defendant: Derek Owen
Jurisdiction
England and Wales
Judgment Date
24 June 2008
Procedural Posture
Civil / First Instance Judgment With Reference to the Court of Justice (preliminary Reference)
Outcome
Preliminary reference to the Court of Justice of the European Union; no final determination on liability or remedies pending CJEU ruling.
Legal Topics
Copyright Infringement, Conditional Access Devices, Satellite Broadcasting, Territorial Licensing, Free Movement of Goods and Services, Competition Law (article 81 Ec), Authorisation of Copyright Infringement
Intellectual Property European Union Law Competition Law Copyright Infringement Conditional Access Devices Satellite Broadcasting Territorial Licensing Free Movement of Goods and Services +2 more

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Summary, issues, holding and outcome

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Parties

Football Association Premier League Limited

Claimant

NetMed Hellas SA

Claimant

Multichoice Hellas SA

Claimant

QC Leisure (a trading name) / David Richardson

Defendant

AV Station Plc / Malcolm Chamberlain

Defendant

Michael Madden

Defendant

Sanjay Raval

Defendant

David Greenslade

Defendant

S. R. Leisure Limited

Defendant

Phillip George Charles Houghton

Defendant

Derek Owen

Defendant

Procedural Posture

Civil / First Instance Judgment With Reference to the Court of Justice (preliminary Reference)

Legal Issues

  1. 1 Whether use and dealing in foreign satellite decoder cards in the UK infringes claimants' rights under s.298 of the Copyright Designs and Patents Act 1988 and related copyrights
  2. 2 Interpretation of 'illicit device' under Directive 98/84/EC (Conditional Access Directive)
  3. 3 Whether claimants have a cause of action under Directive 98/84/EC for use of decoder cards issued by foreign broadcasters

Ratio Decidendi

The court provisionally finds that 'illicit device' under Directive 98/84/EC refers to pirate devices, not lawfully issued decoder cards used outside their licensed territory; that claimants' rights under s.298 CDPA and copyright do not extend to controlling use of lawfully issued foreign decoder cards in the UK; that contractual export restrictions may be anti-competitive under Article 81 EC; and that the issues require a preliminary reference to the Court of Justice for authoritative interpretation.

Court Disposition

Preliminary reference to the Court of Justice of the European Union; no final determination on liability or remedies pending CJEU ruling.

Orders

  • Parties to make submissions on the precise wording of questions to be referred to the CJEU.
  • No injunction or damages awarded pending outcome of reference.