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According to a decision of 13 January 2011 (case no. I ZR 22/09), the Bundesgerichtshof (Federal Supreme Court - BGH) will, in a request for a preliminary ruling, submit a number of questions to the Court of Justice of the European Union (ECJ) concerning the interpretation of the concept of “health claim” in the sense of Article 2(2)(5) of Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (“Health Claims Regulation”). The decision follows a case concerning advertising for a herbal liqueur containing 27% alcohol with the words "wohltuend und bekömmlich” (beneficial and agreeable)....

The Autoritatea Electorală Permanentă (Permanent Electoral Authority - AEP) finalised the draft of an Electoral Code, which includes provision for all types of elections and referenda taking place in Romania. The AEP announced on 25 January 2011 that the Draft has been presented to political parties and experts and submitted for public consultation (see IRIS 2005-1/34, IRIS 2008-10/27, IRIS 2009-6/28, and IRIS 2009-10/24). The AEP intends to harmonise the Romanian electoral legislation and set up a general framework for all types of elections, in order to ensure greater coherence and stability...

On 12 January 2011 the Rules for the Implementation of the Requirements for Audiovisual Commercial Communication and Sponsoring of Audiovisual Media Services were adopted by a decision of the Radio and Television Commission of Lithuania. The Rules were prepared and adopted following the requirements for the implementation of the amendments to the Law on the Provision of Information to the Public of 30 September 2010, which transposed the provisions of the Audiovisual Media Service Directive (see IRIS 2011-1/39). Whereas the Law on the Provision of Information to the Public did not clearly specify...

Ofcom, the UK communications regulator, has issued new rules on product placement following the Government’s decision to permit it subject to restrictions (see IRIS 2010-8/33). The new rules are contained in the revised Broadcast Code and came into effect on 28 February 2011. Product placement is allowed in films (including dramas and documentaries), TV series (including soaps), entertainment shows and sports programmes. The new rules clarify that single dramas fall within the genre of ‘films made for television’ where product placement may take place. But it will be prohibited in all children’s...

In a judgment delivered on 11 January 2011, the court of cassation rejected the appeal brought by the director and producers of the successful film Les Choristes (‘The Choir’) against the judgment of the Paris court of appeal delivered on 25 March 2009. In doing so the court of cassation upheld the acquittal of the advertisers (Free, SFR, Voyages-SNCF, etc.,) on a number of peer-to-peer sites which had been taken to court by the rightsholders on the grounds of complicity in infringement of copyright. The rightsholders accused them of participating in the financing of illegal sites (see IRIS 2006-8/21)....