These contracts were granting to Sogecable all the income derived from the participation of all the sports sections of the Barcelona in the international competitions in exchange for a fixed compensation, from the period 2003/2004 to 2007/08, both inclusive. Before this judgment resource fits, but the process allows the provisional execution of the same one and condemns the Barcelona to pay also the coasts of this cause.

The court Club estimates the demand presented by Sogecable on May 4, 2007 against the Soccer Barcelona and he declares that the club "has the obligation to satisfy Sogecable the totality of the economic perceptions that receives from the UEFA and from the corresponding classes or entities that organize the European League or European Cup of Basketball, Handball and Hockey for all the concepts" of his participation in the international competitions in these areas, more the corresponding VAT.

In particular, the court 16 % of VAT condemns the Barcelona to pay to Sogecable the quantity for 49.353.062 more euros, this is, 57.249.552 more euros his corresponding interests.


The Barca also must pay the income for the Champions

To this quantity there will be necessary to add the entire amount received from the UEFA for his participation in Champions League of the period 2007/08 more his corresponding legal interests, quantity that has not been determined in this process for being later to the demand presented by Sogecable.

Also, the mistake rejects entirely the reconventional demand formulated by the Barcelona against Sogecable and absolves this company of all the pretensions exercised in his against of the above-mentioned reprimand with imposition to the Barcelona of the caused coasts.

On June 12, 1999, the Soccer Club Barcelona, presided by Josep Lluís Núñez, signed a contract with Phone companhy (inherited partially by Sogecable in October, 2003 after the integration of Digital Route) for which the said club was transferring exclusive to Phone companhy the rights for the development of the television and audio-visual image of all the parties that there were disputing the teams of each and everyone of his sports sections, during the periods 2003/04 up to 2007/08, both inclusive, in all the competitions of European and international character.

As compensation for this expropriation, the Barcelona would receive a fixed character compensation, more a variable as the sports results.

In case the audio-visual rights had to be transferred to the organizing entities, as it is the case of the UEFA with Champions League, the club promised for these contracts to pay the totality of the fees that it was perceiving of the said organism for any concept.

It was a formula on the part of the Barcelona to insure itself a few fixed income for his international competitions independently of his classification or not for such competitions.

Curiously when the accounts began to be favorable to Sogecable, the club alleged that only it was up to him to pay a part and not the totality of the income received from the UEFA, as he had committed himself in the contracts.

In fact, in the period 2003/04, the Barcelona did not qualify to dispute the Champions League and therefore he did not have to pay at all to Sogecable for this concept. Of course the Barcelona received the fixed compensation to which it had right for the contract.

Nevertheless, at the end of the period 2004/05 and as the club advanced in Champions League, he began to pay quantities lower than the entire amount got for the European organism. From this moment and during the periods 2005/06 (in that he was a champion of the above mentioned competition) and 2006/07, the Barcelona only paid a part of the income got for the UEFA.

For this motive and before the repeated denials of the Barcelona to reconsider his attitude, Sogecable presented a demand against the said club before the Courts of of the First Instance of Barcelona with date May 4, 2007.

This judgment confirms in all his terms the quantities owed by the Barcelona Sogecable, as well as one condemns to the above mentioned entity to pay the coasts of the process.



(NP, 14/01/09)