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On 17 December 1997, the Stuttgart Appeal Court (Oberlandesgericht Stuttgart) suspended proceedings in the dispute between the ARD (the first public television channel) and the private channel Pro 7. At the same time, it put several questions concerning interpretation of the revised "Television without Frontiers" Directive (Directive 97/36/EC) of the European Parliament and of the Council of 30 June 1997 to the Court of Justice of the European Communities in Luxembourg, in accordance with the preliminary decision procedure provided for in Article 177 of the EC Treaty. The case concerns an application...

In a judgment given in proceedings for an injunction on 22 September 1997, the Regional Court in Frankfurt/Main (Landesgericht - LG - Frankfurt) ordered a German firm to delete an Internet link to a web-site which carried comparative advertising. The firm, a subsidiary of a Japanese company, had included on its site a link to the site of another, American subsidiary, on which two software products were compared. Comparative advertising is banned in Germany, but permitted in the United States. The Web site material itself had been originated in America, but the court decided that the link constituted...

The "Television without Frontiers" Directive was only transposed into Spanish national law in 1994 by the Ley 25/1994 of 12 July 1994, nearly three years after the deadline (3 October 1991). Since then, the Ministerio de Fomento announced twice its intention of sanctioning the television beoadcasters. The first time was on 5 November 1997, in relation to the advertising of alcoholic beverages, although the proceedings were not in based on the Directive or on the Spanish Law implementing the Directive, but on the general Spanish Law on Advertising (No 34/1988, of 11 November 1988) and more precisely...

At the end of December 1997, the Independent Television Commission (ITC) decided that BSkyB's cross-promotion of its pay-per-view services to all viewers of Sky channels, including cable subscribers who cannot access the Sky Box Office, is not anti-competitive and will be allowed to continue. The ITC however made the provision that cable operators must be permitted to opt-out of BskyB "call to action" promotions if they wish to. If this happens the cable operator must substitute a current BSkyB `generic' promotion, which is a general awareness-type ad, in its place. In the meantime the ITC also...

In France, the two main public-service channels are France 2 and France 3. Their terms of reference are set out in decrees dated 16 September 1994. The rapid evolution of the audio-visual scene has led the Government to consider amendments to these texts, which were submitted to the French media authority, the Conseil Supérieur de l'Audiovisuel - CSA); it gave its opinion on 16 December 1997. For the protection of children and young people, the CSA feels it necessary to require the public-sector channels - as well as the private channels - to include a symbol on the screen when broadcasting certain...