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In an opinion published on 8 February 2008, the audiovisual regulatory authority ( Conseil Supérieur de l’Audiovisuel - CSA) announced that it was toughening its position on the visibility of cigarette brand names during television broadcasts of motor sport competitions. As an exception to the general principle banning advertising of tobacco products set out in Article L. 3511-3 of the Public Health Code, “television channels may broadcast motor sport competitions that take place in countries where advertising for tobacco is permitted” (Art. L. 3511-5 of the Code). Previously it had been considered...

In a ruling of 4 October 2007, the Swiss Bundesverwaltungsgericht (Federal Administrative Court - BVG) decided that the words “ Depuis 1775 ” constituted advertising and therefore, as part of a trademark, should not appear in a reference to a sponsor (case no. A-563/2007). In autumn 2006, Publisuisse SA (a subsidiary of the Schweizerische Radio- und Fernsehgesellschaft – SRG) refused to allow the company Montres Breguet SA to continue to appear as a sponsor of its programmes using its logo and the words “ Montres Breguet – Depuis 1775 ”. The opinion that the reference to the company’s year of foundation...

The European Commission has officially requested Germany to submit information on national legislation restricting the supply of gambling services, the first step in an infringement procedure under Article 226 of the EC Treaty. The European Commission wishes to investigate the possible infringement of Articles 43, 49 and 56 of the Treaty. The Commission’s inquiry focuses on a number of provisions of the new Glücksspiel-Staatsvertrag (Inter-State Gambling Agreement), which entered into force on 1 January 2008 having been agreed by the Minister-Presidents of the Bundesländer in December 2006. Under...

On 13 December 2007, Kammarrätten i Stockholm (The Stockholm Administrative Court of Appeals) delivered judgment in a case regarding unlawful broadcasting of advertising. The case concerned the application of provisions in Radio- och TV-lagen (The Radio and TV Act - RTL). The Radio and TV Act is based on Directive 89/552/EEC as amended by Directive 97/36/EC. On 31 August 2004, the Swedish nationwide television channel TV 4 broadcast “ Den starkare ” (our translation for the purposes of this article: “The stronger one”) which is a play written by the famous Swedish author August Strindberg. The...

On 1 January 2008, a new amendment to the Codul de reglementare a conţinutului audiovizual (Regulatory Code for Audiovisual Content) entered into force. It was adopted by the Consiliul Naţional al Audiovizualului (regulatory authority for electronic media - CNA ) via Decision No. 1105 of 20 December 2007 (see IRIS 2008-1:17). The amendment concerns the rules set out in Art. 138 concerning advertising for food products aimed at children. As before, Art. 138 stipulates that medicinal properties of food products and food supplements ( suplimente alimentare ) must not be mentioned in advertising; (para....