spot_img
Monday, September 26, 2022
spot_img

Salvatierra secures victory against LaLiga before SC

Valencian law firm Salvatierra Abogados sucesfully represented a defendant against LaLiga and the Public Prosecutor´s Office before the Supreme Court, securing a ruling stating that the broadcasting of football matches in bars or restaurants without paying the corresponding fee to LaLiga is not an Intellectual Property (IP) crime but just a market and consumer crime

-

The Spabish Supreme Court ruled that the broadcasting of football matches in bars or restaurants without paying the corresponding fee to LaLiga is not an Intellectual Property (IP) crime (Article 270(1) of the Spanish Penal Code), but instead a market and consumer crime (Article 286(4) of the Spanish Penal Code).

The judge ruled that under the Criminal Law principle of typicity, given that a football game as such cannot qualify as a ‘literary, artistic or scientific work’, it is particularly difficult to consider it as a ‘performance’ of such work. The ruling clarified the guidelines to delimit the scope of an IP crime under that provision (Article 270(1) of the Spanish Penal Code) and confirmed this had been a minor crime against the market and consumers.

After the initial ruling of the Criminal court, an appeal was filed by the Public Prosecutor’s Office, which was joined by the National Professional Football League, and judgment no. 347/21 was handed down by the Fourth Section of the Valencia Provincial Court on 7 June 2021, dismissing the appeals. A cassation appeal was filed by the Public Prosecutor’s Office, which was also joined by the National Professional Football League, which was referred to this Second Chamber of the Supreme Court.

The defendant was represented by Valencian law firm Salvatierra Albogados, with partner Pedro Barceló Alegre.

MOST READ NEWS

Vicente López-Ibor Mayor, Top Energy Lawyers Tribute `HONOUR AWARD´ 2022

Legal Dealmaker is happy and proud to announce that Vicente López-Ibor Mayor, President of the European Federation of Energy Law Associations (EFELA) and President...

RyC secures art restitution seized in Civil War

A Ramón y Cajal Abogados´ Art Law, led by partners Rafael Mateu de Ros and Patricia Fernández Lorenzo, succeeded in getting the Ministry of...

Legal Dealmaker hosts a unique event that gathers more than 60 top Energy lawyers

With this event, Legal Dealmaker recognised the enormous talent and practice excellence in the Legal-Energy sector in Spain, after this media selection `Top 100...
spot_img
spot_img
spot_img
spot_img
- Advertisement -spot_img
- Advertisement -spot_img
- Advertisement -spot_img
- Advertisement -spot_img
error: