This input radio stations in stadiums to broadcast football matches without the need for pay a fee some do not violate property or free enterprise rights. This is how it was resolved on Tuesday. Constitutional Court Decided by 2 votes to 9 Doubts expressed by the Supreme Court in 2018 About one of the provisions of the General Law on Audio-Visual Communication.
radios They pay 100 Euros plus VAT for coming in to broadcast football matches First and Second part Since February 2015, the National Court will increase this amount from the 85 euros originally set in 2012. Communications Market Commission Council agreement. The matter reached the Supreme Court, where it had been waiting for a response for five years after the presentation of the now resolved unconstitutionality issue.
In particular, it responded to the legal doubts raised by the Constitutional Court. Article 19.4 of the General Law on Audio-Visual Communications (LGCA) was amended by Royal Decree in April 2012.
The rule specifies that radio-audio-visual communication services providers will have free access to broadcast live sporting events taking place in stadiums. economic compensation equivalent to costs generated should be determined for the exercise of the right in question and by agreement of the parties.
The sentencing, announced this Tuesday, will allow the Supreme Court to rule on the National Professional Football League’s interest in exploiting matches with radio stations in the United States. similar conditions carried out with televisions.
right to information
Judgment by Judge María Luisa Balaguer, rapporteur, considers that the free access of radio companies to stadiums may affect the property rights of sports event providers. fake is right because it seeks to secure the right to be informed about the development of sporting events.
Therefore, the Constitutional Court, the wording given to the Audio-Visual Communication Law, legitimate purpose without affecting the essential content of the use rights of the organizers of sporting events. It also excludes the violation of the freedom of business in terms of freedom of contract, since the measure followed by the legislator has a legitimate aim constitutionally: to inform about all the newsworthy events happening around the sporting event.
At the request of the National Professional Football League (LFP), the Supreme Court appealed to the Constitutional Court in 2018, arguing that the article “abolishes and abolishes the essential content of the right to property and free enterprise, and causes the corresponding total loss.” the economic benefit of radio broadcasting rights and hence the possibility of commercialization”.
85 to 100 Euros per match
The source of the petition can be found in the National Professional Football League’s appeal against the National Court’s decision, in which the National Court filed a complaint against the Communications Market Commission Council’s settlement. permanent canon 85 euros per stadium, match and operator. It was about the financial compensation that the radios would pay to the clubs.
At that time, the National Court refused to go to the Constitutional Court, but increased the compensation amount to 100 euros and the issue was settled in the Supreme Court. The judges of the Supreme Court expressed their skepticism because they understood that both football clubs and organizers of sporting events have a recognized right to the economic exploitation of the country. television broadcast, And they didn’t notice any difference between him and the work of radios.