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On 27 March 2019, following applications from two people who are required to pay the German broadcasting contribution (cases BVerwG 6 C 5.18 and 6 C 6.18), the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) decided that the Court of Justice of the European Union (CJEU) should rule on whether the broadcasting contribution can and should be payable in cash. The decision primarily concerns the interpretation of the concept of legal tender and the scope of the European Union’s exclusive jurisdiction over monetary policy. In Germany, the obligation for private individuals to pay the...

The Gesetz zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken (Act to improve law enforcement in social networks - NetzDG), which is designed to force social networks to deal more quickly and more comprehensively with complaints about hate crime and other criminal content, entered into force in Germany on 1 October 2017 (see IRIS 2018-1/15). Under the Act, social networks must ensure, through an effective and transparent procedure, that complaints are immediately noted and checked, and that illicit content is deleted within specified deadlines. Social network providers that receive...

On 6 February 2019, the Bundeskartellamt (Federal Cartels Office - BKartA) issued a prohibition notice against Facebook Inc. (USA), Facebook Ireland Ltd. and Facebook Germany GmbH, primarily concerning their plans to combine user data from Facebook-owned services. On competition law grounds, Facebook was prohibited in particular from allowing private users resident in Germany to use its social network only if it could assign data collected from its other services - WhatsApp, Oculus, Masquerade and Instagram -  and from third-party websites that contain Facebook interfaces to their Facebook account...

According to numerous media reports based on information provided by the Filmförderanstalt (German Film Board - FFA), the US streaming service Netflix, which has been providing services aimed at German viewers since 2014, has announced that it intends to start paying the film levy required under German law in September 2019. This could mark the end of a dispute that has lasted several years concerning the company’s obligations under the German Filmförderungsgesetz (Law on the funding of film production - FFG). The FFA has the task of supporting the German film industry and the creative and artistic...

In a decision of 21 February 2019, the I. Zivilsenat (first civil chamber) of the Bundesgerichtshof (Federal Supreme Court - BGH), which is responsible for copyright-related cases, submitted to the Court of Justice of the European Union (CJEU) a number of questions concerning the scope of information that the YouTube video platform must disclose in relation to users who infringe copyright. In the case at hand, a film distributor had launched an action against YouTube LLC and its parent company, Google Inc., claiming an infringement of its exclusive rights to exploit the films “Parker” and “Scary...