2023-06-25 13:13:35
Last Friday, the Judiciary annulled the precautionary measure imposed by the Peruvian Football Federation (FPF) for the television rights of the Peruvian Football League 1.
Given this, questions arise: Will Gol Peru broadcast the championship matches again? Can the FPF appeal? Next, the Miguel Mur Abogados law firm gives us its comments on this issue.
What did the precautionary measure obtained by the FPF order?
The precautionary measure issued by the 7th Commercial Court of Lima (December 16, 2022) and its subsequent variation (January 25, 2023) suspended the effects of all contracts entered into with Media Networks Latin America SAC, Gol Tv Latinamerica SAC, the Consorcio Fútbol Perú or with any third party regarding the audiovisual transmission rights of soccer matches in Peru, friendly or official, that do not have the express authorization or approval of the Peruvian Soccer Federation.
In this context, the Consorcio Fútbol Perú had only been transmitting, through Gol Perú, the matches of the clubs that had the authorization of the FPF (Universitario, Mannucci, Sport Boys and Municipal, until 2025). The matches of the rest of the clubs were broadcast on 1190 Sports.
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Why did the Chamber revoke the precautionary measure?
As is known, the precautionary measure was revoked because, at the discretion of the Commercial Chamber, the imminence of irreparable damage was not proven by the FPF, this being an unavoidable requirement for the granting of the precautionary measure.
The Chamber pointed out that the Court of First Instance had used speculative and subjective criteria when analyzing the irreparable damage that the FPF would suffer if the precautionary measure were not granted.
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Can the FPF appeal?
According to Enrique Figueroa, leading partner of the Litigation and Controversies area of the Miguel Mur Abogados studio, the decision of the Second Commercial Chamber in Lima is final, however, you can resort to an amparo process.
“If the FPF wants to question this decision, it could resort to an amparo process against the judicial resolution before the Constitutional Chambers of Lima, having to prove that the resolution affects their right of access to justice and due process,” said the lawyer. .
It also explained that “this amparo process is processed independently and can last approximately 15 to 30 months. A precautionary measure can be requested that suspends the effects of the decision of the Commercial Chamber, but the chances of its granting are not high in this type of process”.
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Did the consortium win the dispute over TV rights?
For Figueroa, the decision of the Judiciary does not agree with the Consortium, since the FPF’s claim for the rights is still valid.
“It will still be the subject of discussion and analysis by the Court if the FPF is the owner of the transmission rights of Peruvian soccer or not, and that will be decided through a sentence, when the process in the first instance comes to an end” Figueroa said.
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Will Gol Peru broadcast all the Liga 1 matches again?
Figueroa maintains that, having annulled the suspension of the contracts entered into by the Consorcio Fútbol Perú, they regain their effects and can be executed between the parties.
“The Futbol Perú Consortium can require the clubs that signed with them (with the exception of contracts authorized by the FPF) to comply with the contract and broadcast their matches through the Gol Perú channel,” he commented.
He added that, “Alianza Lima is in this situation, whose matches, due to a precautionary mandate and pressure from the FPF, had been broadcast through the Liga 1 Max signal. With the revocation of the precautionary measure, it is highly probable that their next matches will be broadcast by Gol Perú and we will see in the next few days if Matute is allowed to enter the Liga 1 Max cameras or if a situation of two is generated. channels broadcasting Peruvian football at the same time”.
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