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In two judgements delivered on 15 April 1999, the Berlin Administrative Court ( Verwaltungsgericht - VG ) upheld earlier rulings made in the granting of provisional legal protection. The first case (file no. VG 27 A 289.98) concerned whether the feature film " Feuer, Eis und Dynamit " should be indicated as being an extended advertising programme (see IRIS 1999-1:6). The applicant broadcaster had appealed against the decision of the Berlin-Brandenburg media authority ( MABB ) under which the film could only be broadcast if it were indicated as being an extended advertising programme. In the Court's...

In a decision of 27 April 1999, the Baden-Württemberg Higher Administrative Court ( VerwaltungsgerichtshofVGH ) dismissed an appeal by a private broadcaster against the decision by the Stuttgart Administrative Court ( Verwaltungsgericht ) of 28 October 1998, file no.1 K 4787/98. The private broadcaster hoped, by applying for a temporary order, to oblige the supervisory authority, the Land of Baden-Württemberg, to prohibit the public broadcasting corporation Südwestrundfunk (SWR) from broadcasting the programme " SWR 3 Metro ". SWR 3 Metro was broadcast on two Stuttgart frequencies at particular...

Replying to an application for a temporary order, the Koblenz Appeal Court ( Oberlandesgericht - OLG ) decided on 27 October 1998 that in future no telephone directories may be sold in CD-ROM format without the telephone subscribers' prior permission. The applicant, a computer software manufacturer, who also produced a CD-ROM telephone directory with which subscribers could be identified by means of their telephone number, neighbourhood searches could be carried out and business numbers found, had been prohibited from selling these CD-ROMs by means of an injunction. As a result of this, she had...

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...

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...