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On 28 October 2009, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) decided that financial aid for the construction of new cinemas should not be granted if there is a danger of existing cinemas being forced to close as a result. In the underlying case, the plaintiff, a cinema firm, had applied to the Filmförderungsanstalt (Film Support Office - FFA) for financial assistance with the construction of two new multiplex cinemas in different locations in accordance with Art. 56 para. 1 no. 1 of the Filmförderungsgesetz (Film Support Act - FFG). Support may be granted on condition...

In a ruling on 12 November 2009, the Bundesgerichtshof (Federal Supreme Court - BGH ) decided that the operator of an Internet site is liable for the illegal uploading of photographs by users of the site. The plaintiff operates an Internet site from which recipes, some including photographs, can be downloaded free of charge. Private users uploaded several of these photos together with recipes onto the website of the defendant, who also operates a free recipe collection on the Internet. The plaintiff did not give consent for the photos to be used in this way. The BGH ruled that the defendant had...

In a decision of 10 November 2009 (case no. VI ZR 217/08), the Bundesgerichtshof (Federal Supreme Court - BGH ) suspended a pending procedure in order to ask the European Court of Justice (ECJ) for a preliminary ruling under Art. 234 of the EC Treaty. The question that needs clarification concerns the international responsibility of courts to rule on injunction suits against Internet publications by companies that are based in another EU Member State. The ECJ has also been asked to determine whether the claim under the country of origin principle enshrined in Directive 2000/31/EC should be assessed...

On 8 October 2009, the European Commission decided to close an infringement procedure against Germany relating to European “must-carry” provisions, as set out in the Universal Services Directive. The Directive forms part of the EU’s Telecoms Package, which is currently under revision. Under the Directive, Member States are obliged to ensure a minimum level of availability and affordability of basic services, as well as a basic set of rights for the benefit of European consumers. According to Article 31, proportionate and transparent “must-carry” rules can be set for clearly defined general interest...

The Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK) has imposed fines totalling EUR 52,000 on several television stations for breaches of the new rules adopted by the Landesmedienanstalten (State Media Authorities) in respect of game shows and competitions (“the GWS rules”). In addition, several proceedings for regulatory offences have been initiated. The GWS rules of 23 February 2009 - in amplification of section 8a of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) - were the first detailed set of provisions on game shows (see IRIS 2009-3:...