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According to media reports, on 22 January 2013, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) upheld the appeal lodged by the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM) against a decision denying it leave to appeal. In so doing, the BVerwG quashed the ruling of the Bayerische Verwaltungsgerichtshof (Bavarian Administrative Court - BayVGH) on the planned takeover of ProSiebenSat.1 by Axel Springer AG and allowed an appeal on the grounds of the fundamental importance of the case under Article 132(2)(1) of the Verwaltungsgerichtsordnung (Administrative...

In a decision of 20 February 2013, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) rejected a complaint by a journalist who had tried to assert the press’s legal right to information vis-à-vis the Bundesnachrichtendienst (Federal Intelligence Service). He had requested information about the number of full-time and unofficial employees with a National Socialist past who had worked for the Federal Intelligence Service and its predecessor organisation during specific periods between 1950 and 1980. The BVerwG firstly stated that the press’s right to information under the press...

On 6 February 2013, the Bundesgerichtshof (Federal Supreme Court - BGH) decided, in a request for a preliminary ruling, to ask the Court of Justice of the European Union under which provisions technical measures taken to protect copyrighted video games were themselves protected. The plaintiff in the national court proceedings produces and sells video games for a portable games console, which are only sold on special memory cards exclusively designed for this console. The defendants had sold, on the Internet, adapters for these memory cards with either a built-in memory chip or a slot for standard...

In a ruling of 17 December 2012 (case no. 5 K 1128/11.NW), which is yet to be published, the Verwaltungsgericht Neustadt an der Weinstraße (Neustadt an der Weinstraße Administrative Court - VG) upheld the appeal by the TV broadcaster Sat.1 against a decision of the Landesmedienanstalt Rheinland-Pfalz (Rhineland-Palatinate media authority - LMK) concerning unlawful product placement. The Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK), a joint body created by the Landesmedienanstalten (regional media authorities) to monitor the media at national level, had found...

On 28 December 2012, the Bundeskartellamt (Federal Cartels Office - BKartA) fined Germany’s two biggest private broadcasters, the RTL Group and ProSiebenSat.1 Media AG, for entering into anti-competitive agreements under which both companies’ digital channels were to be broadcast in encrypted form. Even the main channels of both broadcasting groups would only be available for a monthly subscription fee. The companies were fined a total of around EUR 55 million. As well as the companies themselves, fines were imposed on two of their employees, who were held to be responsible for the agreement. The...