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IRIS 2008-4:1/14 [DE] Artistic Freedom versus Personality Rights

Following its decision on principle of 13 June 2007 in the case of the novel “Esra” (see IRIS 2007-10: 8), the Federal Constitutional Court again expressed an opinion on 12 December 2008 on the relationship between personality rights and artistic freedom, but this time ruled that personality rights had not been violated in either of the cases concerned. In one case, the complainant had filed a complaint against the performance of the play “Ehrensache” (“A Matter of Honour”, the plot of which is based on the events surrounding the killing of the complainant’s 14-year-old daughter) known as the “Hagen...

IRIS 2008-4:1/8 European Commission: Investigation into the Funding of National Public Service Broadcasters

The Commission has closed its investigation into the financing of the Vlaamse Radio- en Televisieomroep (Flemish Radio and Television Broadcasting – VRT). After complaints from several private competitors were received in 2004, a preliminary investigation on behalf of the Commission had found the VRT financing regime to be in breach of EC Treaty state aid rules. These rules declare subsidies liable to distort competition to be incompatible with the common market (Article 87). The VRT’s funding measures pre-existed the entry into force of the EC Treaty and, therefore, amounted to “existing aid”...

IRIS 2008-4:1/6 Court of Justice of the European Communities: Permissibility of National Requirements for Examining and Labelling Films

Against the background of a procedure for a preliminary ruling requested by the Koblenz District Court (see IRIS 2006-9: 5), the Court of Justice of the European Communities (ECJ) has decided that Article 28 of the EC Treaty does not stand in the way of domestic provisions that prohibit the sale and delivery of picture storage media that have not been examined and classified for youth protection purposes by the relevant body. However, this does not apply when the legal procedure for examining, classifying and labelling picture storage media is difficult to access, or is not concluded within a reasonable...

IRIS 2008-3:1/32 [DE] T-Systems Media & Broadcast Taken Over by French Company TDF

T-Systems Media & Broadcast GmbH, owned by the Telekom group, has been sold for EUR 850 million to French network operator Télédiffusion de France (TDF). After the takeover was approved by the European Commission on 8 January 2008, both companies announced that the sale had been completed on 15 January 2008. The sale of the 100% subsidiary of T-Systems Business Services GmbH is part of the group’s “concentration and targeted growth” strategy, presented on 1 March 2007, under which Deutsche Telekom intends to sell its holdings in companies which no longer belong to its core areas of business. Media...

IRIS 2008-3:1/31 [DE] Ownership Changes in the Media Market

A number of changes to the ownership structure of German media companies have recently taken place, requiring the approval of the cartel and media concentration authorities. At the beginning of January 2008, it was announced that the acquisition by Axel Springer AG of the shares owned by Deutsche Telekom AGin the jointly run Internet portal bild.t-online.de had been approved and completed (case no. B 6-237/07). The online portal is accessible at the address bild.de and the publishing company’s related activities will be carried out by the firm Bild digital AG & Co. KG. After Axel Springer’s takeover...