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IRIS 2003-5:1/4 Court of Justice of the European Communities: Judgment on Misleading and Comparative Advertising

The Oberster Gerichtshof (the Austrian Supreme Court) referred a number of questions to the Court of Justice of the European Communities for a preliminary ruling regarding the interpretation of Council Directive 84/450/EEC on misleading and comparative advertising, as amended by Directive 97/55/EC. The questions arose in proceedings between the Austrian company Pippig Augenoptik GmbH & Co. KG ("Pippig") and the Austrian company Hartlauer Handelsgesellschaft mbH ("Hartlauer"). Both companies sell spectacles. Pippig markets the spectacles in three specialist opticians' shops and obtains its supplies...

IRIS 2003-4:1/25 [RO] New Advertising Restrictions

Decision No. 38/2003 of 18 February 2003 of the regulatory authority for electronic media, the Consiliul National al Audiovizualului (National Audiovisual Council - CNA), sets out new advertising restrictions for the broadcasting sector. For example, political advertising on radio or television is banned, except during election campaigns. The decision also prohibits advertising for lawyers and solicitors' firms in the audio-visual media. Active lawyers (so-called "pleading lawyers") may no longer present or take part in programmes dealing with pending cases and proceedings until a definitive court...

IRIS 2003-3:1/27 [FR] Report on France's Arrangements for Support for Cinematographic Production

On 3 February Jean-Pierre Leclerc, member of the Conseil d'État and administrator of France Télévision, submitted to the Minister for Culture and Communication his report on the necessary development in the system of support for cinematographic production. His analysis of the current situation indicates that the problem of financing is still that of its distribution among the various categories of film rather than the overall amount, although this is threatened in coming years by uncertainties in the advertising market and the unfavourable development of Canal+. The report proposes defining more...

IRIS 2003-3:1/15 [AZ] Broadcasting Statute Adopted

The Statute "On Television and Radio Broadcasting" was adopted in Azerbaijan, thus making the country the 8th Republic of the former Soviet Union to have a separate broadcasting act. The statute is based on principles of freedom of broadcasting in Azerbaijan; inadmissibility of censorship and/or interference by government bodies with the editorial activity of broadcasters; as well as protection of the professional independence of broadcasters. Under the present Statute, no broadcaster may own more than two TV and three radio channels (or programmes). Broadcasting in Azerbaijan shall be carried...

IRIS 2003-2:1/24 [FR] Government Bill on Confidence in the Digital Economy Submitted and the CSA's Opinion

Nicole Fontaine, the Minister for Industry, submitted her Bill on confidence in the digital economy to the Council of Ministers on 14 January. The purpose of this text is to lay down specific rules that more particularly clarify the obligations of Internet service providers and the extent of protection for users. It is divided in to four main sections: the responsibility of technical providers in respect of the content they pass on, transposition of Directive 2000/31/EC on e-commerce, provisions concerning encryption and computer crime, and satellite systems. If the Bill is passed as it stands,...