MILLIONS of pounds of annual revenues could be lost to the Premier League and Football League after the European Court of Justice yesterday ruled that the reproduction of fixture lists by third parties did not violate EU database rules.

Europe’s top court dismissed an attempt by the English football authorities to protect their right to charge newspapers, betting firms, magazines and sports websites for the use of information they regard as their intellectual copyright.

In a surprise ruling, the court said the compilation of fixture lists or horserace schedules did not constitute “substantial investment” separate to the original creation of the database.

Therefore, they could not be protected from unauthorised copying under an EU directive launched eight years ago to protect database ownership.

The ECJ also threw out a case brought in 2002 by the British Horseracing Board against William Hill, the bookmaker, for publishing racing schedules and runners and riders on its website. Lawyers said that the judgment could jeopardise British racing’s future funding and undermine the BHB’s modernisation plan.

The ruling, against which there is no appeal, could prove financially devastating in football’s case, too. Through a joint venture called Football Dataco, the two leagues governing England’s 92 professional clubs have sold licences to reproduce information concerning roughly 2,000 matches a season.

Fixtures Marketing Ltd, which sells Football Dataco’s licences abroad, initially brought the case against betting pools operating in Finland, Sweden and Greece which it claimed were illegally using their information. But the ECJ has surprised industry experts by ruling against the company.

“Finding and collecting the data to make up such a list does not require any particular effort on the part of the professional leagues,” the court statement read.

Fixtures Marketing had argued that it took time and effort to compile fixture lists. Development and administration costs in England were about £11.5 million a year, while licensing revenues were only £7 million, it claimed.

Media outlets pay about £250 per individual club fixture or £4,000 for all clubs, while bookmakers, charged a percentage of betting turnover for use of the information, must find far more.

The ruling throws doubt on future data licensing income, although the football leagues could possibly seek protection through copyright legislation.

The Premier League last night said that Football Dataco’s lawyers were considering the judgment.

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