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IRIS 1999-6:1/7 [DE] Federal Supreme Court Bans Sale of CD-ROM Telephone Directories

On 6 May this year, the 1st Civil Court of Appeal ( I. Zivilsenat ) of the Federal Supreme Court ( BundesgerichtshofBGH ), which hears cases concerning copyright and competition law, ruled that companies selling telephone directories in CD-ROM format require a licence to use information on subscribers contained in telephone books published by DeTeMedien , a subsidiary of Deutsche Telekom AG . DeTeMedien , which also publishes its own electronic telephone directory on CD-ROM containing data provided by Deutsche Telekom , had sought an injunction against and damages from two companies selling CD-ROM...

IRIS 1999-5:1/10 [DE] Amendment of the Agreement between Federal States on Broadcasting

On 14 April 1999 the leaders of the State and Senate Chancelleries of the German Bundesländer agreed to amend the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrag - RStV), which regulates public and private broadcasting in the Federal Republic of Germany. In view of the need to transpose the provisions of the revised "Television without Frontiers" Directive into domestic law, the discussions initiated in January 1998 concerning a revised Agreement (see IRIS 1998-3:10) were concluded. The Land presidents will make a final decision on the amendments on 24 June 1999. Then, once...

IRIS 1999-5:1/6 [DE] Koblenz Appeal Court on the Duty to Show Party Political Broadcasts

In a judgement of 9 February 1999, the Koblenz Appeal Court ( Oberlandesgericht - OLG ) reversed a decision of the Mainz District Court ( Landgericht - LG ) of 1 September 1998 on the admissibility of a party political broadcast (see IRIS 1998-9:7) and, at the same time, dismissed an application for a temporary injunction to be granted. The plaintiff had hoped to oblige the defendant to broadcast, at certain specified times on 1, 5, 10 and 17 September, a party political broadcast on behalf of the plaintiff containing the words "Today Konrad Adenauer and Kurt Schumacher would vote for the Republicans"....

IRIS 1999-5:1/4 European Union: Commission Approves German Film-Production Aid Scheme

In its decision of 21 April 1999, the European Commission approved the new German film-production aid scheme. Introduced by an earlier notification, the proceedings, in respect of the control of state aid in accordance with Articles 92 and 93 of the EC Treaty (Art. 87 ff. as set out in the Amsterdam Treaty), concerned the extension of the current aid scheme for the German film industry for a further five-year period, providing annual aid of over EUR 20 million. Following the publication of the new Act on Film Production Aid ( Filmförderungsgesetz - FFG ), the German Government had notified the...

IRIS 1999-5:1/3 European Union: Saarbrücken Conclusions on Self-Regulation

In the context of the German EU Council Presidency, an expert seminar on «voluntary self-regulation in the media sector at the European level» was held in Saarbrücken 19-21 April 1999. Discussions took place in two working groups. The first one dealt with «self-regulation within the framework of national media systems from the point of view of the European Community», whereas the second one discussed the «requirements and chances of self-regulation in the European Community». The originally intended designation of the final document as «Saarbrücken Declaration» gave rise to objections from some...