In the 1/2012 issue of the Maastricht Journal of European and Comparative Law, Heiner Kahlert and Prof. Ulrich Haas comment on the landmark decision of the European Court of Justice (ECJ) in the “Murphy” case. Underlying this decision was inter alia the case of the English pub owner Karen Murphy, who was sanctioned under criminal law for having shown English Premier League games in her pub via Greek pay-TV.
The ECJ declared the common practice of conferring absolute territorial exclusivity to TV broadcasting rights an infringement of EU law, and extended this verdict to member state laws endorsing such practice. Heiner Kahlert and Prof. Ulrich Haas explain in their case note why, however, the decision might not be as dramatic for right holders as many have initially feared.
