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IRIS 2001-7:1/3 Court of Justice of the European Communities: Italy Condemned for Failure to Implement Directive 97/36/EC

On 14 June, the Court of Justice of the European Communities in Luxembourg held that Italy has failed to fulfil its obligations under the EC Treaty by not adopting the necessary measures to transpose Directive 97/36/EC into its national law. Directive 97/36/EC was adopted by the European Parliament and the Council on 30 June 1997. It amends the "Television Without Frontiers" Directive (89/552/EEC of 3 October 1989), introducing, inter alia, a revision of the principle whereby only the laws of the State of establishment apply to broadcasting activities taking place in the EC (Art. 2a), different...

IRIS 2001-6:1/41 [RU] Finance Ministry Reduces Advertising Tax Rate

On 1 March 2001, the Russian Ministry of Finance issued a decree concerning the taxation of advertising. The new tax schedule provides that the total amount of actual advertising expenses to be included for purposes of taxation in the prime cost of production (production costs, costs of materials and labour, which are not subject to profit taxes) shall not exceed a maximum rate of 7.5 percent; previously the amount was 5 percent. That means that a company can now spend 50 percent more money on advertising without additional tax. The Decree came into force on 1 April 2001.

IRIS 2001-6:1/35 [FR] Comparative Advertising Indicating Prices Charged by an identifiable Competitor

During an advertising campaign, the company Cegetel 7 claimed that its long-standing competitor, the company France Télécom - the identifiable target of its advertisingwas using pricing practices left over from an outdated monopolistic situation that no longer corresponded to reality. France Télécom felt that the campaign constituted unfair competition and infringed the regulations on comparative advertising, and had Cegetel 7 summoned to appear in court to be ordered to put a stop to the disputed advertising, or be fined if it continued. The Court of Appeal in Versailles ordered the defendant...

IRIS 2001-6:1/32 [NL] Minister Proposes to Allow Advertising on Dutch Education Network

The Minister is of the view that it would be better for the further development of the portalsite and accompanying services to take place independently of the Government. Arguments for this include the Minister's reservations about being in a position whereby he would be able to influence the content of education by determining the content of the portalsite. Continued responsibility for Kennisnet could leave him in such a position. The Minister published a handvest (charter) entitled Kennisnet which, inter alia, allows limited-scale advertising on Kennisnet. He believes that the participation...

IRIS 2001-6:1/15 [GB] Advertising Sales Arrangement Rules Revised

From 17 May, new Independent Television Commission (ITC) regulations concerning airtime sales arrangements and certain types of share deals are in force. The aims of the revision are to "provide a more streamlined approach to regulation in this sector," to bring "the ITC's rules into line with the Competition Commission's decision [...] regarding further consolidation of ITV ownership" and to "help establish a more competitive market". Some of the pre-existing rules have been relaxed or amended and there are several new prohibitions, e.g. on joint selling by Granada and Carlton (ITC licensees)...