The European Court of Justice (ECJ) judgment in the Portsmouth pub landlady case looks to have opened the door to legitimising the private or domestic use of decoders to watch premium sports and other pay-TV content outside the territories for which they were licensed

The outcome could prove to be a significant commercial opportunity for Sky to expand its overseas distribution among residential customers, but an extra test for the Football Association Premier League (PL) as it designs the next round of contracts with a view to at least maintaining current revenues

The ECJ judgment is more ambiguous over the question of public screenings for commercial purposes against the wishes of the right holders and the conclusion appears some way off

Sky’s revamped model has delivered a sharp reduction in churn and higher gross additions, accelerating subscriber growth. Rising high definition take-up is sustaining the increase in average revenue per user

Business prospects are improving on stronger private consumption and a carriage deal for HD versions of German commercial channels

Our forecasts have been revised upwards and we now expect faster improvement in cash flow, though it will still be negative in 2013

Unlike other European TV markets, the digital transition started in Germany 15 years ago and is having little impact on advertising or audience share trends of leading FTA broadcasters, RTL Group and ProSiebenSat.1

RTL Group and ProSiebenSat.1 each have both German and international FTA TV operations, but German FTA TV is more profitable. RTL and ProSieben operate a de facto duopoly in advertising, with broadly stable market shares

Germany has historically been difficult for pay-TV due to the early development of FTA multichannel and ample FTA broadcast of football highlights. News Corp’s Sky Deutschland has improved key metrics, but losses remain significant and achieving break even in the medium term will be a challenge

This report on Sky Italia and Sky Deutschland, News Corporation’s Continental Europe pay-TV assets, complements our coverage of BSkyB in the UK. We look at the market environment, including regulation and competition. The report also provides subscriber, revenue and earnings forecasts and SWOT analysis.