Search results : 1521

In a pretrial decision the Supreme Court rejected on 5 April 2017 a request by the House of Representatives of the Republic to seek the opinion of the Court of Justice of the European Union (CJEU) on a number of pretrial questions related to media issues. The Court found that the questions were formulated in a generic manner, while in the application of the House of Representatives, the reason(s) the interpretation of the CJEU was sought were not precisely determined as requested by the rules of pretrial reference. Moreover, “the formulation of the questions refers and seeks the opinion of the...

On 26 April 2017, the Court of Justice of the European Union (CJEU) delivered its judgment in Stichting Brein v. Wullems, concerning the sale of multimedia players which enable easy access to illegal audiovisual content on the Internet. The case arose in 2014, when Stichting Brein, the Dutch foundation for copyright holders, brought a court action against Mr. Jack Wullems to prevent him from selling certain media players, including on his own website, www.filmspeler.nl. The media players, when connected to the Internet and a television, are able to stream audiovisual material from the Internet....

The Polish Office of Competition and Consumer Protection (UOKiK) has decided that advertising by Vectra Ltd was anti-competitive because it had failed to sufficiently inform customers that the price would be increased after the promotional period. Vectra Ltd provides telecommunications services such as cable TV, Internet access and fixed-line telephony in Poland. Between September and December 2015, it organised a sales promotion under the slogan “You can have it all for 10 zlotys”. During that period, all services offered by the company were available for PLN 10. The various advertisements for...

On 28 March 2017, the Broadcasting Authority of Ireland (BAI) launched its new General Commercial Communications Code. It replaces the previous code introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The new code follows a public consultation held in 2016 on the draft code (see IRIS 2016-8/23). The new code is divided into 22 sections and sets out the general rules and principles, definitions, and requirements regarding particular products and services on both radio and television. However, the code does not cover services provided over the Internet, nor does...

In a decision delivered on 30 March 2017, the Constitutional Council pronounced on the constitutionality of the tax on advertising broadcast by television channels, instituted by Article 302 bis KG of the General Tax Code, in its version subsequent to the Act of 15 November 2013. The tax, payable by all television service editors established in France, is calculated according to the ex-VAT amount of the sums paid by advertisers to the editors of television services “or to the advertising networks” for broadcasting their advertising spots. In the case at issue, a prior question on constitutionality...