The Provincial Court of Bizkaia has upheld the acquittal of a Barakaldo bar owner who broadcast a Real Madrid Champions League match without a license, dismissing La Liga's appeal and confirming the prior ruling that neither the owner's participation nor knowledge of the events could be proven.
The case originated from a police inspection on February 13, 2024, when officers from the National Police confirmed that a Champions League match between Leipzig and Real Madrid was being broadcast live in the establishment without the necessary public communication license.
La Liga, the holder of the audiovisual rights, decided to file a legal complaint. However, both the initial court and the Provincial Court concluded that it could not be proven that the business owner had participated in the broadcast or was aware of it.
Furthermore, another incident reported by La Liga concerning an allegedly illegal broadcast in August 2023 could not be proven during the proceedings. La Liga argued that the offense did not require the owner's physical presence or direct knowledge.
The Provincial Court of Bizkaia rejected these arguments, reminding that procedural law prevents an appellate court from convicting a person acquitted in the first instance based solely on a new assessment of evidence, especially when it has not been re-examined. The court also emphasized that La Liga's appeal sought a conviction directly, not the annulment of the initial sentence.
“"Considering the foregoing, we can neither declare the annulment of the sentence as requested, nor can we convict the accused."
The judicial ruling is final and not subject to further appeal.
