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IRIS 2000-8:1/8 [BE] Demand for a European Ban on TV-Advertising Immediately Before and After Children's Programmes

Since 1991 the Flemish Broadcasting legislation, with some modifications, stipulates a ban on advertising immediately before and after children's programmes. In a time period of 5 minutes before and after programmes targetting children under 12, no advertising or sponsorship messages are allowed. For many years the commercial broadcasting organisation VTM and its second channel Kanaal 2 have been opposed to this provision of the Broadcasting Decree and have sought the abrogation of the 5-minute rule. A decree proposed in the Flemish Parliament some months ago, however, went in the opposite direction...

IRIS 2000-8:1/2 European Court of Justice: Advocate General Opts For Annulment of EC Directive on the Advertising and Sponsorship of Tobacco Products

On 15 June 2000, Advocate General Fennelly delivered his Opinion on joined cases C-376/98 (Germany v. European Parliament and Council) and C-74/99 (The Queen v. Secretary of State for Health and Others ex parte: Imperial Tobacco Ltd. and Others). Both cases concern the validity of E.P. and Council Directive 98/43/EC, of 6 July 1998, on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ 1998 L 213, p. 9; hereinafter: the "Directive"). In the first case the applicant is the German State;...

IRIS 2000-7:1/24 [DE] Amendment to Law on Comparative Advertising Passed

On 9 June 2000 the Bundestag (Federal Parliament) amended parts of the Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act - UWG) in order to standardise what is known as comparative advertising. Previously such advertising was not expressly regulated in Germany. In most cases, the courts used to classify comparative advertising as anti-competitive. The amendment transposes European Parliament and Council Directive 97/55/EC of 6 October 1997 into German law. The Directive itself contains individual conditions that must be fulfilled if comparative advertising is to be considered legal....

IRIS 2000-7:1/20 [FR] Advertising Internet Sites - Council of State Sanctions CSA

In an Order of 3 July 2000, the Conseil d'Etat (Council of State), the supreme administrative court in France, annulled Communiqué 414 of the CSA (French Independent Broadcasting Authority) of 22 February 2000, which authorised the television advertising of the Internet sites of companies in sectors banned from advertising (press, distribution, cinema, literary works) under the terms of Article 8 of the Decree of 27 March 1992 (see IRIS 2000-3: 12). The Council of State thus upheld the request of professional organisations in the film and radio sectors, which thought that the CSA's decision was...

IRIS 2000-6:1/27 [PL] Law Permits Comparative Advertising

As a result of an amendment to the Ustawa o zmianie ustawy o zwalczaniu nieuczciwej konkurencji oraz o zmianie ustawy o radiodonii i telewizji (Unfair Competition Act of 16 April 1993), adopted on 16 March 2000, new regulations on comparative advertising have been introduced in Poland. Comparative advertising was previously banned as it was considered anticompetitive unless it contained information that was accurate and useful to customers. There was no more detailed definition of the concept of comparative advertising. According to the amendment, comparative advertising includes commercials in...