The Boiling Frog: Second Bosman Ruling?

Monday 4 October 2010

Second Bosman Ruling?

The Portsmouth News reports that landlady Ms Murphy, is arguing that being blocked from showing football in her pub on a foreign satellite channel is a restriction of trade; that the Premier League contravenes EU principles of free movement of goods and services between the member states:

A Portsmouth landlady is set to take on Sky in the European Court of Justice tomorrow over her showing Pompey games in her pub. It brings the long-running saga between Karen Murphy, landlady of the Red, White and Blue pub in Fawcett Road, Southsea, and the media giant one step closer to the finish line.

The court battle began when Ms Murphy was twice taken to court by Media Protection Services, which protects the rights of broadcasters, for breaching Sky's copyright in this country.

The first time, she successfully argued that she had been unaware that she was breaching copyright law by using Nova. But the second time she was convicted.

Then confirmation where the real power lies:

She appealed to the High Court over the conviction but judges at the High Court in London said the law was such a grey area that even they couldn't decide.

They passed it to the European Court of Justice for a decision, and tomorrow Ms Murphy and MPS will have 20 minutes each to put their case across.

This has a precedent in the infamous Bosman ruling and should Ms Murphy win then the future value of the Premier League's broadcasting rights could be seriously undermined.

Personally I would have thought it would have been much cheaper and a lot less hassle to Ms Murphy if she had bought a bottle of Tippex and painted the pint glass onto the screen of the pub TV. Not that I suggest any pubs do that of course.

2 comments:

Witterings from Witney4 October 2010 at 13:23
"but judges at the High Court in London said the law was such a grey area that even they couldn't decide. They passed it to the European Court of Justice for a decision"

Seems a sensible saving of costs - if they had ruled in favour of Murphy, it would have been appealed and gone to the ECJ anyway (after all they are now our supreme court) so they might as well deal with it staight away.
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TheBoilingFrog4 October 2010 at 14:27
Indeed WfW, cut out the middle man. Have you suggested this to Osbourne to help with the deficit? :-)
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EU quotes

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(Lord Kilmuir, advice to Edward Heath, December 1960)

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(Edward Heath, Hansard, 17 November 1966)

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(Romano Prodi, 13 April 1999)

"Let's imagine Europe is a football club and you join, but once you're in it you can't say let's play rugby". (French foreign minister Laurent Fabius)

"We perform the duties of freemen; we must have the privileges of freemen ..."
(Chartists 1836)

"The [Lisbon Treaty] is indeed a tidying -up exercise, it sweeps the rest of our sovereignty under the Brussels carpet".
(Lord Pearson)

"The Government’s guiding principle was...to swallow the lot and swallow it now."
(Sir Con O’Neill, the British diplomat who led the UK’s negotiations for EEC membership under Heath)

"I look forward to the day when the Westminster Parliament is just a council chamber in Europe."
(Kenneth Clarke, Conservative Chancellor in International Currency Review Vol 23 No 4 1996)

"The EU is the old Soviet Union dressed in Western clothes"
(President Gorbachev)

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(Mark Leonard co-founder and director of the European Council on Foreign Relations, the first pan-European think tank)

"We need to build a United States of Europe with the [EU] Commission as government".
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"A supranational union is a multinational political union where power is delegated to an authority by member states".
(Wikipedia)

“A coup d’état by a political class who did not believe in popular sovereignty”.
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(Jean Monnet, Father of EU')

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"This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe".
(Lisbon Treaty 2007)

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(Romano Prodi, President of EU Commission 1999)

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"One must never forget that monetary union, which the two of us were the first to propose more than a decade ago, is ultimately a political project. It aims to give a new impulse to the historic movement toward union of the European states"
(Giscard d’Estaing, who drafted the EU Constitution 1997)

"The process of monetary union goes hand in hand, must go hand in hand, with political integration and ultimately political union. EMU [economic and monetary union] is, and always was meant to be, a stepping stone on the way to a united Europe"
(Wim Duisenberg, first president of the EU Central Bank)

"Once the interlude of [WWI] was over, [countries] all went back to the rules and customs of traditional parliamentary democracies. I felt out of my depth."
(Jean Monnet 'Father of Europe')

"We need to build a United States of Europe with the [EU] Commission as government."
(Viviane Reding, EU Commissioner 2014)

"We had imagined a political 'grand design', a new international order..."
(Jean Monnet 'Father of Europe')

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(Jean Monnet, 'Father of Europe')

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(Jean Monnet, 'Father of Europe')

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(Ted Heath)

Euro quotes

"Euro has done more to enforce budgetary discipline in rest of Europe than any number of exhortations from IMF or OECD".
(Nick Clegg, 2002)

"We're happy to give the Greeks anything, just not money".
(German MEP Markus Ferber 2010)

"The Euro has been a rock of stability... Joining the single currency would be a major step".
(Labour MEP, Richard Corbett, 2009)

"The single currency... marks stability and growth and is crucial to high levels of growth and employment".
(Tony Blair 1998)

"Britons will come round to the idea [joining the euro] once they’ve handled euro money".
(Adam Boulton Sunday Times, 2001)

"Staying out of the Euro will mean progressive economic isolation for Britain".
(Peter Mandelson, 2003)

"The European Union must take a decisive step towards a federal economic government, with common fiscal policies and a larger budget, if it is to save the euro".
(Andrew Duff Lib Dem MEP 2011)

"A European currency will lead to member nations transferring their sovereignty over financial and wage policy as well as monetary affairs".
(Hans Tietmeyer, head of the Bundesbank, 1991)

The single currency is the greatest abandonment of sovereignty since the foundation of the European Community: the decision is of an essentially political nature".
(Felipe Gonzalez, a Spanish former PM, 1998)

"The euro area now represents a pole of stability for those countries participating in it by protecting them from speculation and financial turmoil. It is strengthening the internal market and contributing to the maintenance of healthy fundamental figures, fostering sustainable growth".
(European Council conclusions, 2001)

"We must enter the euro with a clean sheet on all the criteria".
(Then Greek Finance Minister, Yannis Papantoniou, 1999)

"The reality of the euro has exposed the absurdity of many anti-European scares while increasing the public thirst for information. Public opinion is already changing…as people can see the success of the new currency on the mainland".
(Kenneth Clarke MP, 2002)

"The euro is a great success, and in today’s global economy, the pound is no longer an important currency. If we are not careful, we could become like Iceland in the next financial crisis".
(BT Group Chairman, Sir Michael Rake, 2009)

"I think the eurozone has turned the corner".
(Then French Economy Minister, Christine Lagarde, 29 January 2011)

"I believe that, within the next twelve months, we will have averted contagion and stabilised the eurozone".
(German Finance Minister, Wolfgang Schäuble, 30 December 2011)

"We cannot be members of the single market without being part of the single currency, the euro...In life, fighting for a minority view is sometimes dangerous and painful. But when you know you are right, and when so much of our national prosperity depends on it, we should expect our political leaders to act".
(Virgin Group Chairman, Richard Branson, 2000)

"We are writing to make clear our concerns about the implications for business if the Government rules out membership of the euro for the lifetime of this Parliament. Such a decision would be damaging for British-based businesses, British employees and the British economy as a whole".
(WPP Group CEO, Sir Martin Sorrell, et al., 2003)

"A single currency, introduced at the appropriate time, will reduce costs for businesses that trade or invest across Europe...More investment in growing
businesses means more employment".
(Then BP Chairman, Lord David Simon, 1997)

"Joining the euro would increase our incomes and thus our standard of living...Now the countries of Europe have taken one more step towards making a truly unified market, using only one currency. If again we delay joining, we again risk falling further behind".
(Former Energy Secretary, Chris Huhne, former CBI Director General, Lord Adair Turner, et al., 2002)

"Staying out of the euro will mean progressive economic isolation for Britain. It will mean fewer foreign businesses investing here, fewer good jobs being created and less trade being done with our European partners".
(Former Business Secretary, Lord Peter Mandelson, 2003)

"Britain should join the euro within the next few years in order to enhance British power and influence".
(Centre for European Reform Director, Charles Grant, 2001)

"Joining EMU would offer multiple benefits...The euro would be good for jobs".
(Then TUC Secretary General, John Monks, 2003)

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(Former Labour Party leader, Neil Kinnock, 2002)

"The euro may well come to be regarded in the coming years as part of the answer to saving the City from permanent decline. It was easy to dismiss the fledgling euro as a ‘toilet currency’ before we realised our own economic growth was built on sand".
(Lib Dem leader, Nick Clegg, 2009)

"Obviously joining a currency that everybody in Europe - including soon all the new European Union members - are using, a currency that American and Japanese and overseas businesses understand, has to make sense".
(Then UK Europe Minister, Denis MacShane, 2003)

"The euro, despite gloomy predictions from anti-Europeans, has proved to be a success".
(Former Lib Dem leader, Charles Kennedy, 2002)

"In reality the economic integration between Britain and the Continent is so close, and we have confirmed this because we all belong to the common market, that it can't be good in the long run to stay out of such a cardinal element as the currency union".
(Then German Finance Minister, Hans Eichel, 2002)

"There are no real benefits and some real costs to the UK of monetary independence... it makes sense from a financial stability perspective for the UK to contract out monetary policy to the ECB".
(Citigroup Chief Economist, Willem Buiter, 2007)

"Taking part in EMU would improve policy and performance enough to eliminate many of the strains that sceptics predict would emerge without the safety valve of devaluation".
(BBC Trust Vice Chairman, Diane Coyle OBE, 1997)

"The euro is like a breastplate that will become more and more resistant. The stability of the currencies within its area is without question".
(Then EU Monetary Affairs Commissioner, Yves Thibault de Silguy, 1998)

"The strict rules attached to the euro could emerge as one of the best ways to persuade the markets that we will put Humpty Dumpty back together again, put the public finances in order".
(Lib Dem leader, Nick Clegg, 2009)

"The question of entering the euro is worth a lot more to Britain than the wild anti-federalist fantasies peddled by those who think Britain should have nothing to do with Europe. Nobody of any consequence in Europe wants to create a federal super-state".
(Former Business Secretary, Lord Peter Mandelson, 2003)

The British Government Knew The Consequences In 1971

Foreign and Commonwealth Office 30/1048 - 1971

...the transfer of major executive responsibilities to the bureaucratic Commission in Brussels will exacerbate popular feeling of alienation from government. To counter this feeling, strengthened local and regional democratic processes within the member states and effective Community regional economic and social policies will be essential.

Parliamentary sovereignty will be affected as we have seen. But the need for Parliament to play an increasing (if perhaps more specialised) role may develop. Firstly, although a European Parliament might in the longest term become an effective, directly elected democratic check upon the bureaucracy, this will not be for a long time, and certainly not in the decade to come. In the interval, to minimise the loss of democratic control it will be important that the British Parliamentarians should play an effective role both through the British membership in the European Parliament and through the processes of the British Parliament itself.

Test

Monday 4 October 2010

Second Bosman Ruling?

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