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IRIS 1995-7:1/16 [FR] Inapplicability of the Evin Law to Foreign Publications Sold in France

The judgement handed down by the commercial court of Paris on 8 June 1995 stated that the urgent action sought in the court by the magazines Le Nouvel Observateur, VSD and l'Evènement du Jeudi against certain German and American publications for unfair competition, was rejected and that the magazines would have to pay damages to the defendants. The three weeklies had argued that foreign publications could be sold in France, while they were in breach of the Evin law forbidding any advertising for tobacco and alcohol. The court did not deny that the foreign press was in breach of the law, but stated...

IRIS 1995-7:1/2 G7: Communique of the 'G-7' Summit in Halifax

The Heads of State and Government of seven major industrialized nations and the President of the European Commission, have met in Halifax for their 21st annual Summit. They announced that they were committed to the successful completion of current negociations in services sectors and, in particular, significant liberalization in financial and telecommunications services. They will proceed with follow-up work foreseen in the Uruguay Round Final Act. They encourage work in areas such as technical standards, intellectual property; an immediate priority is the negotiation in the OECD of a high standard...

IRIS 1995-6:1/25 [FR] Ban on Showing Advertising Placards for Alcoholic Drinks on Television

The provisional order ( ordonnance de référé) of the regional court of Bordeaux of 11 March 1995 dismissed the ban on the televised broadcasting of sports events. Shortly afterwards, the television companies rejected the Code of Good Conduct which would have allowed them to broadcast certain sports events that that took place out of France, even if they showed advertising placards for alcoholic drinks. This meant that international sports events would no longer come within the scope of the Evin Law (Loi Evin) of 10 January 1991. The judge laid down that French television companies were simply retransmitting...

IRIS 1995-6:1/17 [FR] Breach of Right of Privacy and Right of Portrayal during a Television Programme

In a ruling of 18 January 1995, the regional court of Nanterre confirmed that any private individual holds the exclusive rights to the use of his or her own picture, an inherent part of his or her personality, and that the individual in question can refuse the broadcasting or reproduction hereof without his or her express or tacit permission. The facts are as follows : on 19 November 1992, a Reuter's journalist filmed a fire in a building in Paris which included scenes of panic , especially one scene where one of the inhabitants of the building, Laurent Gilles, was hanging from a window before...

IRIS 1995-6:1/16 [FR] Misreading of a Convention for the Use of Sound Recordings and Incitement to Contravene the Agreement.

In a decision (arrêt) of 11 April 1995, the Court of Cassation declared that the mandatory agent, responsible for drawing up a contract between a performers' association and certain television channels for the radio and television broadcasting of sound recordings, is held personally liable (liability in tortresponsabilité délictuelle) for any prejudice caused to the third party during the course of his or her mission. In this case in point, the fault committed for which the agent is held liable (faute détachable), which can equally well be a failure to act as much as a positive but mistaken action,...