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In a ruling of 11 December 2008 (case no. VG 27 A 132.08), the Verwaltungsgericht Berlin (Berlin Administrative Court - VG) upheld a complaint lodged by the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority - mabb) against the private broadcaster ProSieben for a breach of the ban on surreptitious advertising enshrined in Art. 7 para. 6 sentence 1 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). The complaint concerned episodes of the programme "TV total Wok-WM" broadcast in 2006 and 2007, particularly various visual and verbal references to brand names...

On 13 November 2008, the Bundestag (lower house of parliament) voted in favour of the draft amendment of the Filmförderungsgesetz (Film Subsidies Act - FFG). The amendment aims to improve the structure of the German film industry, to strengthen the German film industry as an economic and cultural asset and to further develop quality and diversity. Film subsidies are an important means of achieving these objectives. The reforms particularly reflect a desire to optimise financial provision, especially by increasing sales promotion, and to bring the Act into line with technical advances, primarily...

With its recently announced decision of 23 October 2007, the European Commission declared the notified measures to subsidise the DVB-T switchover in North Rhine-Westphalia (NRW) to be state aid incompatible with the common market and, accordingly, their (planned) allocation to be unlawful. In its preliminary assessment at the opening stage of the proceedings, the Commission had expressed doubts as to whether the measure could be justified. In November 2005, the Commission declared that the subsidy granted in Berlin-Brandenburg to support the analogue-digital switchover was not compatible with...

According to press reports, the head of the State Chancellery of Rhineland-Palatinate, the Land in overall charge of the discussions, has announced that at their mid-September 2008 meeting the heads of the State and Senate chancelleries agreed on solutions to the outstanding issues concerning the implementation of the compromise with the European Commission. These solutions are to be incorporated into the 12. Rundfunkänderungsstaatsvertrag (12th Inter-State Broadcasting Agreement – RÄStV). In talks with Commission representatives on 16 September 2008, these outline proposals were then clarified...

Lottery tickets and sweets do not have to be kept separate after all. Reports had stated that lottery tickets and sweets had to be kept separate from one another in future according to a decision by the Berlin Landgericht (Regional Court – LG) in connection with an application for an injunction against the lottery organiser Deutsche Klassenlotterie Berlin (DKLB). However, this decision was set aside in its entirety following the latter’s appeal lodged on 7 October 2008. The original decision of 7 August 2008 (Case 103 O 134/08) stated that the lottery ticket counter should not be together with,...