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After the ruling on the lottery by the German Bundesverfassungsgericht (Constitutional Court - BVerfG), interested parties are now debating its consequences for advertising law. The Landesmedienanstalten ( Land media authorities), as the regulators of private broadcasting, are currently discussing the different versions of the ruling with private broadcasters. In its decision of 28 March 2006, the Bundesverfassungsgericht had ruled that the state's sports betting monopoly in the Bundesland of Bavaria was incompatible with the basic right to the freedom of occupation. Under the Gesetz über die vom...

Five advertising spots in which private banks advertised bank loans and lease finance were banned by the Consiliul Naţional al Audiovizualului (Romanian regulatory body for the electronic media - CNA) at the beginning of April 2006. The CNA took this step on the grounds that the actual annual interest and the total cost for the consumer were not expressly indicated in the spots. One advertisement mentioned "small monthly instalments of EUR 11", while in the right hand corner of the screen the actual credit value of EUR 16 per month was written in tiny, virtually illegible letters. Similarly, in...

In March 2005, a self-regulatory institution, named Lietuvos Reklamos biuras (Lithuanian Advertising Bureau) was founded in Lithuania on the initiative of advertising agencies, media and advertisers. It started its activities in April 2006. The Lithuanian Advertising Bureau is responsible for the administration of the self-regulatory system and the application of the National Code of Advertising Practice, which is based on the Code of Advertising Practice of the International Chamber of Commerce. The establishment of such a self-regulatory institution is foreseen in Article 39.13 of the Law on...

In a decision adopted on 13 March, the Conseil d’État rejected the appeal brought by the television channel Télé Monte-Carlo and its advertising agency claiming, on the grounds of the principle of equality, cancellation of paragraph I of Article 1 of the decree of 7 October 2003 amending Article 8 of the decree of 27 March 1992. These provisions prohibit advertising for books except on television services that are exclusively distributed by cable or broadcast by satellite. In the present case, the television channel broadcasts its programmes partly unencrypted in analog mode in south-west France...

On 6 April 2006, the Bundesgerichtshof (Federal Supreme Court - BGH) ruled on the admissibility under competition law of ring tone advertising in children's magazines. The Bundesverband der Verbraucherzentralen und Verbraucherverbände (Federation of German Consumer Organisations) had complained that an advertisement for mobile phone ring tones in a children's magazine had only mentioned download costs per minute. The Federation believed that young people were unable to estimate the length of the download and the resulting overall cost. Since this information did not appear in the advertisement,...