Telenet ruling: Invalid for failure to state the grounds



The District Court in Mechelen / Belgium had rendered on April 12, 2011 its ruling in the Telenet case. In a poorly motivated ruling the Court had ruled in favor of the Belgian cable TV distribution platform Telenet and against the interest of rightsholders in receiving remuneration for the use of their works by Telenet. Consequently, rightsholders have appealed and expect for their appeal indirect support by the Airfield ruling that the Court of Justice of the European rendered in October 2011.

The Court in Mechelen had stated that there was no re-transmission when the TV signals of the originating broadcasting organization had been directly injected in the head-ends of the cable TV without any parallel free to air broadcast. Furthermore, the court had assumed that so-called “all rights included deals” would be valid. Cable TV distribution platforms like Telenet use this label in order to allege that they do not need to acquire any retransmission rights from AGICOA because the TV broadcasters warrant them to have acquired all necessary retransmission rights directly from the film rightsholders.