The arbitration tribunal CEPANI has ruled in favor of the Pro League in its demand that DAZN must fulfill the contractual agreements, although the company announced last month that in their view the TV contract has expired. CEPANI sees this differently. Not only must the streaming service continue to provide broadcasts, it must also continue to pay as agreed in the TV contract. It is important to know that this is a temporary ruling, pending a more thorough hearing of the case.
“The ruling means that DAZN must continue to make payments as contractually agreed,” the Pro League said in a press release. “Furthermore, DAZN must continue to provide production and broadcasting of the matches and continue to negotiate with telecom operators to conclude distribution agreements.”
Lorin Parys, CEO of the Pro League, responds with satisfaction: “We are satisfied that DAZN must fulfill its commitments regarding, among other things, production, distribution, payment and negotiations with the telcos. The winners of this ruling are our fans, our clubs and Belgian football as a whole.”
Battle won, war not yet won
It is a battle won for the Pro League, but not a war won yet. The Pro League had requested that the precautionary measures also be imposed for next season, but CEPANI did not agree. In any case, the measures only apply until the tribunal that hears the merits of the case rules on provisional measures. This tribunal – which consists of three arbitrators – will be constituted in the spring and can again award interim measures until a final decision is made.
The financial security for the clubs also remains shaky. DAZN is now obliged to make interim payments, which it will also make, but if it turns out that these were unjustified, it goes without saying that they will be reclaimed. Any cash flow problem has now been resolved, but the clubs do not yet have real certainty about the TV funds.
DAZN won the TV contract for Belgian football until 2030 for around 84 million euros annually, but linked it to a deal with telecom operators Proximus or Telenet. Those negotiations have yielded nothing (so far) and DAZN subsequently stopped payments to the Pro League.
DAZN: “Nothing will change about our promise to continue broadcasting”
“The decision of the CEPANI emergency arbitrator is confidential. DAZN cannot therefore comment on its contents, as it wants to comply with the procedural rules for CEPANI arbitrations,” the channel said. “This does not prevent DAZN from confirming that, in accordance with the offer it made before the emergency arbitration, it will continue to produce and broadcast Pro League content until the end of this season. This decision guarantees continuity for the fans and for the clubs, something that DAZN has always advocated.”
“It is important to emphasize that these precautionary measures taken by CEPANI, including interim payments, do not prejudice DAZN’s legal position in the ongoing dispute with the Pro League,” said Massimo D’Amario, CEO of DAZN Belgium. “DAZN remains confident that the CEPANI arbitration tribunal, which will be constituted in the coming weeks, will rule that the original agreement has legally ended.”
“The fact that we will continue to produce and broadcast the Pro League matches is a promise we made even before the Pro League decided to initiate an emergency arbitration procedure, and we will keep that promise. This ensures the necessary continuity for the fans and for the clubs that DAZN has always advocated for,” said D’Amario, who says he remains open to negotiations with Proximus and Telenet. “DAZN remains available and willing to conclude balanced agreements that guarantee the necessary stability within a viable commercial framework.”
Minister Beenders: “Continue to protect supporters of Belgian football”
Minister of Consumer Protection Rob Beenders (Vooruit) responds with satisfaction that there is now certainty for DAZN subscribers until the end of the season, so that they can continue to watch Belgian football. “There have been no promotions for Belgian football on TV in recent months,” says Beenders. “It is good that there has now been a ruling and that DAZN must continue to broadcast the football and renegotiate with Proximus and Telenet, among others, to broadcast the matches.”
The minister points out that there is still an ongoing investigation by the Economic Inspectorate into DAZN, which will be completed soon. “I will continue to monitor this file closely, so that supporters of Belgian football remain protected. I will continue to consult with the Pro League and DAZN,” said Beenders.
