Fifa and the broadcast rights World Cup: Brazil 2014

On the basis of information provided by FIFA and UEFA, and under the concrete perception of the public of the United Kingdom and Belgium, all games of the finals of both tournaments concerned actually aroused, with the public , sufficient to be able to be part of an event of major interest.
Directive applicable

The Directive on the pursuit of television broadcasting allows Member States to prohibit the exclusive broadcast of events they consider of major importance for their society, where such retransmission deprive a significant portion of the public the possibility of following such events on free television.

For the public, the stakes are high: States regulate the distribution of major events and ensure that the public has access to the game on a regular chain and not through subscriptions or encrypted TV.

The International Federation of Association Football (FIFA) organizes the finals of the FIFA World Cup ("World Cup") and the Union of European Football Associations (UEFA) organizes the European football championship (the "EURO"). The sale of television broadcasting rights of these competitions is an important source of income.

Belgium and the United Kingdom respectively compiled a list of events considered to be of major importance for society. These lists contain particular for Belgium, all games of the finals of the World Cup and for the United Kingdom, all the games of the final phase of the World Cup and EURO. These lists were sent to the Commission decided that they were compatible with EU law.

However, FIFA and UEFA challenged those decisions before the Tribunal challenging the fact that all these games may constitute events of major importance to the public in those states. FIFA and UEFA admit to limit freely distribute the matches of the national team (and even then not in all phases), but not all the matches of the competition.

The judgment of the Court of the EU

In February 2011, the Court of the EU was particularly questioned as to whether the European Football Championship and the World Cup is a unique event or series of events.

He concluded that these events can be regarded as single events and not as successions of games divided into individual events 'prime' and 'non-prime' matches or "gala" and "non-gala".

The Court was then asked whether these events are major events within the meaning of the audiovisual law.

The Tribunal noted the lack of harmonization in the EU, specific events that can be considered by Member States as being of major importance for society. Therefore several approaches to the registration matches the World Cup and EURO on a national list may be compatible with the Directive. For example, some Member States may consider that only the 'prime' matches, "gala" and those of the euro, involving a national team concerned, are of major importance for their society, while others can validly estimate the games 'non-prime' and 'non-gala' must also appear on the national list.

The Tribunal also notes that, if the classification of the World Cup and EURO as an event of major importance for the company may affect the price that FIFA and UEFA will get for the granting of rights transmission of these events, it does not annihilate the commercial value of these rights because it does not require these organizations to assign to any conditions. Similarly, although such qualifications restrict the freedom to provide services and freedom of establishment, this restriction is justified if it is to protect the right to information and to ensure wide public access television broadcasts of major importance for society events.

Finally, the Court notes that the United Kingdom legislation does not grant special or exclusive rights to certain broadcasters.

In these circumstances, the Court ruled that the Commission did not err in finding that the qualification by the United Kingdom of all the matches of the World Cup and EURO and by Belgium all matches of the World Cup "event of major importance" for their company complies with EU law. Consequently, the use of FIFA and UEFA are rejected.

The judgment of the Court

In its judgments of 18 July 2013, the Court notes, first, that the designation by Member States of certain events as being of major importance to society and the prohibition of their exclusive retransmission constitute obstacles to the freedom to provide services, freedom of establishment, free competition and property rights. However, such restrictions are justified by the objective of protecting the right to information and to ensure wide public access to television coverage of these events.

In this context, the Court emphasizes that the only Member States to designate the events in question and the role of the Commission in this area is limited to whether they have complied with the law of the Union during the exercise of their discretion.

Thus, when an event was validly nominated by a Member State as being of major importance, the Commission must exercise a limited control over the appointment and is particular to examine its effects on the rights and freedoms recognized by the EU law that go beyond the effects intrinsically linked

such a qualification. Next, the Court notes that all games of the finals of the World Cup and EURO are not of the same importance to the public, it shall pay special attention to the decisive games of the top teams - such as the finals or semi-finals - and those involving the national team.

Therefore, these tournaments should be considered as events that are in principle be divided into different games or steps, which are not necessarily all that may fall within the qualifying event of major importance.

In this context, the Court also finds that, contrary to the reasoning in

The judgments of the Court, Member States are obliged to notify the Commission of the reasons why they consider that the final phase of the World Cup or the Euro is, in its entirety, a single event of major importance for their society.

However, these errors do not affect the present cases.

Indeed, the Court found, on the basis of information provided by FIFA and UEFA, and under the concrete perception of the public of the United Kingdom and Belgium, all the games of the final phase of the two tournaments concerned actually aroused, with this audience, a sufficient interest to be part of an event of major importance.

In particular, the record showed, firstly, that the tournament as a whole, were still very popular not only for that generally follow the broadcast of football matches but also for the public viewers. On the other hand, these events were traditionally broadcast in those Member States on free TV.

Finally, the Court considers that, having regard to the limited power of the Commission in monitoring the designation by a Member State as an event of major importance and depth of Broadcasters reasons underlying such a designation knowledge The Commission may motivate succinctly its decision on the list of events of major importance established by a Member State.

In addition, when such designation on the free movement of services, free competition and the ownership effects do not go beyond the inseparable effects of the qualification of the relevant event of major importance, it is not necessary to give specific reasons for its compatibility with EU law.

In the present case, it has not been shown that the effects on the rights and freedoms recognized by the Union law the designation of the whole of the final phase of the World Cup and the EURO as an event of major importance had such excessive.

In these circumstances, the Court dismissed in their entirety the appeals by FIFA and UEFA.