Cases T-385/07, T-55/08 and T68/08 FIFA and UEFA v Commission

Abstract

Under EU law Member States have the right to designate sporting and cultural events said to be of major importance for broadcast on free-to-air TV channels. Member States have to notify the European Commission of their list of designated events and the Commission then verifies the compatibility of the Member State’s list with the relevant provisions of EU law. The United Kingdom under the umbrella of its Broadcasting Act 1996 designated the entire tournament stages of the FIFA World Cup and the UEFA European Football Championships as a “listed event” and thus mandating that every match therein be broadcast on free-to-air TV channels. The EU Commission verified the UK’s list. FIFA and UEFA sought to challenge the Commission’s decision arguing that there were certain procedural irregularities in the manner in which it had been reached but, more relevantly, in contrast to the approach of other Member States, where only “prime” or “gala” or “knockout” matches were listed, the UK approach unfairly and illegitimately resulted in all matches at the named tournaments being protected as listed events. FIFA and UEFA’s challenge was unsuccessful, as was a parallel challenge made against the Commission’s verification of Belgium’s approach to the TV broadcasting designation of sporting or cultural events of only major importance.