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In a recently-published decision taken in January 2004 the responsible regulatory body, the Hamburgische Anstalt für neue Medien (Hamburg New Media Authority - HAM) ruled that the programme guide offered by the magazine HÖRZU was compatible with the requirements of media law. Axel Springer AG was given official clearance under media law for its EPG in accordance with Art. 53.2 and 53.5 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RfStV). The electronic programme guide submitted to HAM was deemed to be a navigator in the sense of Art. 53.2 RfStV and Art. 14 of the Satzung...

According to a decision of the Bundesgerichtshof (Federal Supreme Court - BGH) of 22 January 2004, the owner of an apartment with a cable connection can install a satellite dish on his balcony if this is the only way of safeguarding his right to information. In the BGH's opinion, there was no legal justification for preventing foreign apartment owners from installing a satellite dish even if they already had a broadband cable connection. This applied to the legal provisions governing the use of separate and joint property. Neither could such a right be restricted by regulations permitting the...

In a decision of 15 January 2004, the Bundesverfassungsgericht (Federal Constitutional Court) quashed the rulings of the lower instance courts condemning private TV broadcaster RTL for giving unauthorised legal advice. The case concerned a dispute involving RTL plus Deutschland Fernsehen GmbH & Co. KG and the transmission of several episodes of the programme " Wie bitte ". In one report, an argument between a haulage firm and the firm M. was discussed, concerning, inter alia, invoices for a telephone connection and the use of a so-called Twincard. RTL's production company wrote to firm M., asking...

On 15 December 2003, the Bundesverfassungsgericht (Federal Constitutional Court) dismissed a complaint concerning the transmission of music by public service broadcasters. The plaintiff, a musician, had already failed in proceedings before the Verwaltungsgericht Köln (Cologne Administrative Court) and Oberverwaltungsgericht Köln (Cologne Administrative Court of Appeal) in her request that a public service broadcaster should be obliged to play her music (see IRIS 2004­2: 8). The plaintiff had, on her own initiative, sent the broadcaster pieces of music which she had recorded and now wanted to force...

On 10 February 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) quashed a decision of the Oberlandesgericht Düsseldorf (Düsseldorf Regional Appeal Court - OLG Düsseldorf) and referred the matter back to the OLG. The proceedings concerned the following facts: more than 20 bookmakers had lodged a complaint against the provider of live audiovisual transmissions. The defendant had acquired from the German horse racing associations exclusive rights to commercially exploit audiovisual transmissions of horse races organised in Germany. The dispute concerned the extent of the fees which the plaintiffs...