ewhc/ch/2013/160

Facts

Both parties are Spanish companies. Imagina acquires and manages broadcasting rights in audiovisual works and sub-licenses them; TVV is the publicly-owned broadcaster for the Region of Valencia. In April 2007 Imagina acquired rights to broadcast the FIA Formula One World Championship in Spain and Andorra for the 2009-2013 seasons, and in about March or April 2008 sub-licensed them to La Sexta except in Valencian. By an agreement dated 20 July 2009, governed by English law, Imagina sub-licensed to TVV the right to broadcast the Championship within Valencia in the Valencian language for the 2010-2013 seasons, for fees totalling some €22 million. Clause 17.2 of Annex 1 conferred exclusive jurisdiction on the English courts, save that Imagina as plaintiff could elect the Spanish courts, and the parties could agree to Spanish jurisdiction. TVV paid nothing, and on 19 September 2010 Imagina sued in the Paterna Court of First Instance in Valencia for €7 million plus VAT and interest. In February 2012 Imagina replaced La Sexta with Antena 3, and on 9 March 2012 TVV purported to terminate for repudiatory breach. The Spanish Court refused to admit that issue. TVV issued these proceedings on 14 June 2012 seeking a declaration of valid termination and damages; Imagina applied for a stay.