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On 31 July 2006, the Bundesnetzagentur (Federal Network Agency - BNetzA) notified the European Commission of its proposed market definition and analysis for the field of broadcasting transmission services (market no. 18 in the Commission Recommendation), pursuant to Art. 7.3 of the Framework Directive (2002/21/EC). In Recommendation 2003/311/EC on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation, the European Commission had recommended that national regulatory authorities analyse the definition of various markets, including a relevant...

In a ruling of 4 August 2006, the Landgericht Leipzig (Leipzig District Court - LG ) confirmed its decision to grant an application by Sat.1 Satellitenfernsehen GmbH for a temporary injunction against the Internet service "onlinetvrecorder.com", which functions as a virtual video recorder. On 27 March 2006, the LG had granted the temporary injunction, under which the domain operator had been prohibited, inter alia , from storing, making available to third parties, transmitting via so-called online streaming or uploads (ie via the Internet) and/or copying or making available for copying the TV programmes...

In a ruling of 22 August 2006, the Oberlandesgericht Hamburg (Hamburg Appeal Court - OLG) decided that an Internet forum operator must monitor its forum for illegal content if it has been alerted to infringements that have already taken place in the forum. The dispute concerned a case in which a user had posted on the online forum of the Heise magazine publishing company an appeal for people to block the servers of an Internet service provider. The Landgericht Hamburg (Hamburg District Court - LG) had decided in the first instance that Heise was liable for this content, even if it had been unaware...

In the dispute between Dynamic Medien Vertriebs GmbH and Avides Media AG, the Landgericht Koblenz (Koblenz District Court) lodged with the ECJ on 31 May 2006 questions on the preliminary ruling under Art. 234 of the EC Treaty (Case no. C-244/06). The question referred concerns in particular whether and to what extent national provisions that make mail order sales of image storage media (DVDs, videos) dependent on their being labelled as having been examined by a national body as to their availability to young persons are incompatible with the principle of the free movement of goods. In particular,...

On 1 July 2006, German mobile telephone service providers O2 Germany, The Phone House Telecom, T-Mobile and Vodafone joined the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e. V. (voluntary self-monitoring body for multimedia service providers - FSM). The FSM is responsible, for example, for the self-monitoring of online content, and is part of the German co-regulatory system for the protection of young people in the audiovisual media. For the mobile phone companies that have joined the FSM, implementation of the 2005 code of conduct for mobile phone providers in Germany concerning the...