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At the end of last year, the cable network operator Primacom lost a case at the Leipzig Amtsgericht (District Court - AG) to a client who had complained about a rise in cable connection fees. The company had explained that the rise was necessary because it intended to digitise its cable network and had to cover the cost of that investment. In its ruling, however, the court deemed such a price rise to be illegal. In particular, Primacom could not rely on its general terms and conditions for cable connection, under which appropriate price rises were permitted if Brussels modernisation became technically...

On 6 December 2001, the Bundesgerichtshof (Federal Supreme Court - BGH) reached five decisions of general principle concerning the admissibility of TV advice and consumer programmes. The defendants were various public and private TV broadcasters, who had broadcast certain legal information (concerning problems with holidays, for example), answered viewers' questions over the telephone or helped individual viewers to resolve legal disputes. The plaintiffs claimed that these programmes were in breach of the Rechtsberatungsgesetz (Legal Advice Act). Under the Act, legal advice may only be offered...

In autumn 2001, the German Federal Government notified the European Commission of two film aid schemes in accordance with Art. 88(3) of the EC Treaty. The schemes provide support for film and TV productions in Hamburg and Baden-Württemberg through the granting of partially repayable loans and subsidies. The aid is provided through the companies FilmFörderung Hamburg GmbH (FFH) and Medien und Filmgesellschaft Baden Württemberg mbH (MFG) , which were founded specifically for this purpose. In both cases, the Commission decided to approve the aid schemes under Art. 87(3)(d) of the EC Treaty. The...

In a ruling of 23 October 2001, the Oberlandesgericht Düsseldorf (Düsseldorf Regional Court of Appeal - OLG) upheld a complaint concerning the sale by the broadcaster of video recordings of programmes produced by third parties. The defendant provides a TV recording service in co-operation with public-service broadcasters, selling video recordings of programmes broadcast on their channels. The plaintiff also sells video cassettes of programmes, having bought from two production companies the "exclusive video rights" to their particular productions. The OLG granted the injunction sought by the plaintiff....

On 14 November 2001, the Minister of State and Federal Government Commissioner for Cultural and Media Affairs presented a new film policy. He intends to reform film production aid and to ensure that German films are classified as cultural assets. This should help German films to attain a bigger market share in Germany and Europe and ensure that more German films are featured at international festivals. The main points of the proposed policy can be divided into five sections. Incentives for the economic success of film productions (section 1), the legal framework for artistic creativity (section...