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According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 17 July 2013 (case no. I ZR 34/12), upheld an action brought by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv) and prohibited the software firm Gameforge from advertising game accessories sold in connection with its online role-playing game “Runes of Magic”. The vzbv had already cautioned Gameforge in 2010 and had brought actions in the lower courts. However, these had been dismissed by both the Landgericht Berlin (Berlin District Court) and the Kammergericht...

On 4 March 2013, the Albanian Parliament approved Law 97/2013 “On Audiovisual Media in the Republic of Albania” after several years of discussion and stagnation. This law aims to harmonise Albanian media legislation with the Audiovisual Media Services Directive (2010/13/EU - AVMSD) of the European Union and in order to respond to the realities of the audiovisual media sector. Both political wings reached consensus on the law, with the exception of the election procedure regarding the members of regulatory authorities. Among others, the law replaces the regulatory authority Këshilli Kombëtar i Radios...

On 18 July 2013, the Second Chamber of the Court of Justice handed down its judgment in the Case C-234/12, Sky Italia v. AGCom. According to Italian law, pay-tv broadcasters are subject to a 14% hourly advertising limit and free to air broadcasters are subject to an 18% hourly advertising limit. In the proceedings before the Latium Administrative Court concerning a fine imposed on Sky Italia for the breach of the 14% threshold, the Court of Justice was requested to provide a preliminary ruling as to whether Directive 2010/13/EU (the Audiovisual Media Services Directive (AVMSD)) and EU primary law...

On 21 May 2013, the Supreme Court’s (hereinafter “Court”) ruling of 25 April 2013 has been published, which confirmed the decision of the Council for Broadcasting and Retransmission of Slovak republic (hereinafter “Council”). The Council imposed a fine of EUR 100,000 on the major commercial broadcaster for broadcasting political advertising outside the official election campaign set by law (21 days before the election day). Three months prior to the election, the broadcaster aired, on a rather large scale, sponsorship announcements of the civic association “Citizen in action” (about 20 messages...

On 19 April 2013 the Dutch Advertising Code Committee (DACC Reclame Code Commissie) upheld a complaint regarding a broadcast by the Dutch political party ‘Animals’ Party’ (Partij voor de Dieren). The DACC is a self-regulatory body that receives complaints about breaches of the Dutch Advertising Code. It can advise on complaints but it cannot impose sanctions. If certain expressions in advertising violate the law one can either complain to the DACC or begin civil or criminal proceedings in court. The complaint in question concerned a trailer for a documentary broadcast by the Animals’ Party. The...