The Inner House of the Court of Session has today upheld the decision of Lord Woolman in the case of the SPFL v Lisini Pub Management. The full decision can be read here.
In terms of this decision the Court has upheld the dismissal of the action brought by the SPFL to prevent the defender, which owns various pubs, showing SPL/SPFL football matches via a Polish decoder and for damages for breach by Lisini of an undertaking not to do so.
This case follows that where the English courts referred a similar dispute to the European Court of Justice and as Lord Woolman noted:-
“Put short, the ECJ found that clauses prohibiting the use of foreign decoders and smart cards were void. They constituted a restriction on competition and the [free competition] provisions of European law prevailed over the 1988 Act.”
Lord Woolman’s decision was challenged by the SPFL but this appeal has failed. Continue reading
Random Thoughts Re Scots Law by Paul McConville 