The National Court affirmed 100.000 Euro fine Spanish Radio and Television (RTVE) From posting illegal advertising messages during the Spanish football team’s two matches in 2019, according to a January 27 decision that EL PERIÓDICO DE ESPAÑA from the Prensa Ibérica group has access to.

Violations occurring in matches Spain-Norway from 23 March 2019 and Malta-Spain from 26 March 2019Corresponding to the men’s Eurocup classification of 2020, he finally played in 2021 due to the pandemic.

These matches were broadcast by La1 under the contract signed between RTVE and UEFA to purchase the television rights for Spain of the team’s matches, which was then managed by Luis Enrique Martínez.

During both matches, RTVE ran 40 ad overlays for UEFA and various sponsors of the Spanish team: Seat, Caixabank, Bet365, Pelayo, Booking.com, Danone and Domino’s Pizza.

CNMC’s fine

Therefore, on 11 December 2019, the National Markets and Competition Commission (CNMC) fined RTVE 100,000 euros. “continuing administrative offense of minor nature”for “not complying with the ban on audiovisual commercial communications” under the organization’s financing model in effect since 2010.

RTVE has brought this sanction to the courts since: argued that these ad insertions were required by the conditions set by UEFA. for the purchase of broadcasting rights of matches. In fact, the law recognizes this remorse as an exception to the general rule of no publicity on public television.

The sentence, in fact, refers to article 7.1 of the RTVE Financing Act, which states that “exceptionally, sporting events may be broadcast by sponsorship agreement or other commercial form”. when they become an integral part of the production of the signal to be broadcast with the acquisition of rights”.

UEFA does not force

The National Court held that these assumptions did not apply in this case, because Under no circumstances did UEFA force RTVE to make these ad insertions during the broadcast of the matches.confirming the arguments that led the CNMC to endorse the public legal entity at this point.

The decision refers to the fact that UEFA included it in the contract. “job opportunities” and that it imposes a set of guidelines for the uniformity of its broadcasting in all countries, but that rights holders are in no case required to make advertising inserts for which RTVE is sanctioned.

He does so in matches of the final stage of the League of Nations, where the mark is uniform and indivisible for all operators, but for the rest of the matches (such as those that result in sanctions) each has their discretion.

“There is no error in the interpretation of the contract” [por parte de la CNMC] While it has not removed more than the obligation to comply with UEFA’s promotion through its own rules and requirements, butor this advertisement must be included in the sports broadcast absolutely and inseparably.especially when these organizations such as UEFA are aware of the public service mission of this CRTVE, which has no commercial mission.