The joint venture Agreements and all related contractual provisions between, on the one hand, the Members of the Eurosport Consortium, and, on the other hand, Sky Television plc, Satellite Sports Sales Ltd, Satellite Sports Services and News International plc which were notified to the Commission on 17 January 1989, constitute an infringement of Article 85 (1) of the EEC Treaty in so far as they have as their effect the granting of direct access to the Eurovision system.
An exemption under Article 85 (3) of the EEC Treaty for the Agreements and implementing and related rules as mentioned in Article 1 is hereby refused.
This Decision is addressed to the following undertakings:
(a) The Members of the Eurosport Consortium,
c/o Union EuropΓ©enne de Radiodiffusion,
Case postale 67,
CH-1218 Grand-Saconnex (Geneva);
(b) Sky Television plc,
Sky Television Centre,
6 Centaurs Business Park,
Grant Way,
Isleworth,
UK-Middlesex TW7 5QK;
(c) Satellite Sport Sales Ltd,
PO Box 495,
Virginia Street,
UK-London E1 9XY;
(d) Satellite Sports Services Ltd,
PO Box 495,
Virginia Street,
UK-London E1 9XY;
(e) News International plc,
PO Box 481,
Virginia Street,
UK-London E1 9BD.
Done at Brussels, 19 February 1991.
For the Commission
Leon BRITTAN
Vice-President
(1) OJ No 13, 21. 2. 1962, p. 204/62.
(2) OJ No 127, 20. 8. 1963, p. 2268/63.