Hi everyone,
how does this clause fit within law, and what is the actual law governing this matter? Is it fair that developers who are in much stronger bargaining position insert this as a clause to a potential buyer who does not have an opportunity to negotiate?
The European Union states that any individual who wishes to install a satellite dish should have the right to do so. The Commission specifically set out the idea of individuals right to use a satellite dish in its Communication, that stems from the Article 10 of the European Convention on Human Rights as interpreted by the European Court on Human Rights in Strasbourg. The Court of Justice itself stated in its decision against Belgian city regulations that the free provision of services prevents the application of a tax on satellite dishes, as such a tax is liable to dissuade residents seeking access to television broadcasts from other Member States.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62000J0017:EN:HTML
Also, the exercise of this right may not be obstructed by rules which are too onerous and which would restrict an individual all the broadcasts of their choice, or even more so, by a general ban, an unjustified refusal , or refusal on aesthetic grounds. The following is the link of EU Communication:
http://europa.eu/rapid/pressRelease...format=HTML&aged=0&language=EN&guiLanguage=en
Is the ban on satellite dishes in direct contavention with the aforementioned rights and rulings from the European Court on Human Rights?
how does this clause fit within law, and what is the actual law governing this matter? Is it fair that developers who are in much stronger bargaining position insert this as a clause to a potential buyer who does not have an opportunity to negotiate?
The European Union states that any individual who wishes to install a satellite dish should have the right to do so. The Commission specifically set out the idea of individuals right to use a satellite dish in its Communication, that stems from the Article 10 of the European Convention on Human Rights as interpreted by the European Court on Human Rights in Strasbourg. The Court of Justice itself stated in its decision against Belgian city regulations that the free provision of services prevents the application of a tax on satellite dishes, as such a tax is liable to dissuade residents seeking access to television broadcasts from other Member States.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62000J0017:EN:HTML
Also, the exercise of this right may not be obstructed by rules which are too onerous and which would restrict an individual all the broadcasts of their choice, or even more so, by a general ban, an unjustified refusal , or refusal on aesthetic grounds. The following is the link of EU Communication:
http://europa.eu/rapid/pressRelease...format=HTML&aged=0&language=EN&guiLanguage=en
Is the ban on satellite dishes in direct contavention with the aforementioned rights and rulings from the European Court on Human Rights?