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IRIS 2011-8:1/21 [DE] RTL Loses Dispute with Save.tv

According to media reports, the Oberlandesgericht Dresden (Dresden Appeal Court - OLG) issued its ruling in the case between the online video recording service Save.tv and the RTL media group (case no. 14 U 801/07) on 12 July 2011. Save.tv reported that the court had decided that its online video recorder did not infringe the broadcaster’s right of reproduction. In the same case, the OLG Dresden had already ruled in favour of Save.tv on 9 October 2007. However, after upholding an appeal against this ruling, the Bundesgerichtshof (Federal Supreme Court - BGH) decided on 22 April 2009 (case no. I...

IRIS 2011-8:1/20 [DE] LG Berlin Bans Advertising Claiming Beer Can Improve Looks or Health

On 10 May 2011, in a dispute between the plaintiff, Verbraucherzentrale Bundesverband e.V. (federal association of consumer organisations), and Deutscher Brauer-Bund e.V. (German brewers’ association), the Landgericht Berlin (Berlin District Court - LG) ruled that advertising should not claim that beer can improve people’s looks or health. The case concerned information published on the defendant’s website about the effects of beer on human health. It was claimed, inter alia, that moderate beer consumption reduced the risk of dementia, adult diabetes and cardiovascular problems, and that its high...

IRIS 2011-8:1/19 [DE] BVerwG Rules on Licence Fee Obligation for Internet PCs

In several rulings issued on 17 August 2011, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) decided that Internet-capable PCs used for professional purposes could be exempted from the licence fee obligation (see IRIS 2009-7/14). The rulings followed complaints lodged by three self-employed individuals who worked from home. Their home offices contained Internet-capable PCs that they used for work purposes. These devices were subject to fees levied by the public service broadcasters because they were considered as new types of broadcast-receiving devices in the sense of the...

IRIS 2011-8:1/17 [CH] Agreement on Cinematographic Co-production with Germany and Austria Enters into Force

The Swiss Government has concluded another agreement on cinematographic cooperation with Germany and Austria. The aim is to facilitate international co-productions and promote the circulation and exploitation of films from any of the contracting States, and it came into force on 23 June 2011. It is the first trilateral agreement Switzerland has concluded in the field of cinematographic cooperation, and it replaces the bilateral agreements concluded with Germany in 1984 and with Austria in 1990. The new agreement on cinematographic cooperation applies to films intended mainly to be shown in cinema...

IRIS 2011-8:1/9 European Commission: Letters of Formal Notice on the Implementation of the Telecoms Package

On 19 July 2011 the European Commission sent requests for information in the form of letters of formal notice, the first step in the process of an EU infringement procedure, to 20 EU member states. The member states in question, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain, have not yet notified to the Commission measures to implement the new EU Telecoms Package, formally adopted after two years of heated negotiations at the end of 2009...