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IRIS 2011-9:1/2 Court of Justice of the European Union: FA Premier League et.al. v. QC Leisure et al. and Karen Murphy v. Media Protection Services

In its groundbreaking judgment of 4 October 2011 the Court of Justice of the European Union has essentially legalized the import, sale and use of foreign satellite television decoder cards. The judgment, which was given in two joined (originally British) cases, concerned decoder cards that provide access to encrypted satellite transmissions from Greece of British Premier League football matches. Foreign decoder cards such as these are widely sold and used in the United Kingdom, both for private viewing and in public houses, because they provide access to televised Premier League football at substantial...

IRIS 2011-8:1/9 European Commission: Letters of Formal Notice on the Implementation of the Telecoms Package

On 19 July 2011 the European Commission sent requests for information in the form of letters of formal notice, the first step in the process of an EU infringement procedure, to 20 EU member states. The member states in question, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain, have not yet notified to the Commission measures to implement the new EU Telecoms Package, formally adopted after two years of heated negotiations at the end of 2009...

IRIS 2011-8:1/5 Court of Justice of the European Union: Eleftheri Tileorasi v. Ethniko Simvoulio Radiotileorasis

On 9 June 2011 the Court of Justice delivered its judgment in the case between a Greek broadcasting company (Ελεύθερη Τηλεόραση - Eleftheri Tileorasi) and the Greek Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) Eleftheri Tileorasi owns and operates a private channel called ‘ALTER CHANNEL’. In November 2003 Eleftheri Tileorasi broadcast a programme that contained a presentation of a cosmetic dental treatment. The programme included shots of before, during and after the treatment. Furthermore, the programme provided information about the efficacy and the costs...

IRIS 2011-6:1/21 [GR] Council of State Ruling Threatens to Invalidate Countless ESR Decisions

The risk that a significant number of decisions of the Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) may be cancelled is now visible in the wake of Decision 1098/2011 of the Συμβούλιο της Επικρατείας (Council of State - Supreme Administrative Court of Greece). The Court, on the basis of a constitutional provision (Article 101a) that states that the term of office of members of independent agencies must be fixed, held that statutory provisions extending such term beyond a reasonable period of time are unconstitutional. It consequently annulled an ESR decision...

IRIS 2011-5:1/5 European Commission: The Commission Finishes the Preliminary Analysis of AVMS Implementation Measures

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...