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IRIS 2003-8:1/24 [NL] Dutch Regulator Cannot Claim Jurisdiction over RTL4 and RTL5

On 6 August 2003, the Afdeling Bestuursrechtspraak Raad van State (Dutch Supreme Court in administrative proceedings ­ ABRvS) overruled the judgment of the Rechtbank Amsterdam (the Court of Amsterdam) of 20 June 2002, and annulled the decision of the Commissariaat voor de Media (Media Authority ­ CvdM) of 5 February 2002, in which it claimed jurisdiction over the television channels RTL4 and RTL5. Since the beginning of the 1990s, RTL4 and RTL5 have been broadcast by a daughter company of the Luxembourg broadcasting organisation CLT under the latter's broadcasting licence. In 1995, the aforementioned...

IRIS 2003-2:1/7 European Commission: Fourth Report on Application of TWF Directive

At the beginning of 2003, the European Commission published its Fourth Report on the Application of the "Television without Frontiers" Directive. The main part of the Report provides a comprehensive mise au point of the implementation of the Directive and of the central principles enshrined therein. The Annex to the Report sets out the details of the projected work for the review of the Directive, along with the time-frame within which this work is to be carried out. The Report affirms a healthy diagnosis of the development of the television market in Europe for the period 2000-2002. The implementation...

IRIS 2002-8:1/15 [HU] Broadcasting Act Amended

Following a preparatory process lasting nearly four years, the Parliament of the Republic of Hungary has approved the Bill on the Amendment of Act No. I of 1996 on Radio and Television Services ("Broadcasting Act"). The amendment concerns issues aimed at achieving full harmonisation of the Hungarian Broadcasting Act with the relevant EU legislation and with the European Convention on Transfrontier Television as recently amended by a protocol. The amendment has been enacted following the fourth submission of the Bill, which according to the provisions of the Constitution of Hungary required a two-thirds...

IRIS 2002-6:1/5 Council of European Union: Rules for Taxation of Electronic Services

On 7 May 2002, the Council of the European Union updated the existing rules on taxation of e-commerce services and adopted two new regulations on the application of value added taxes (VAT) on services that are delivered over electronic networks, including e-commerce services, commercial radio and broadcasting services (e.g. pay-per-view, Pay-TV and other subscription-based services) as well as other electronically supplied services: Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and...

IRIS 2002-3:1/19 [PL] New Draft of Amendments to Broadcasting Act

On 14 January 2002 National Broadcasting Council (NBC) adopted a new broad draft of amendments to the Broadcasting Act of 29 December 1992 (with later amendments). The draft was subsequently forwarded to the Prime Minister on 23 January 2002 who decided to initiate a further legislative process. Nowadays, the draft is a subject of consultations between different governmental bodies. It comprises a number of sets of provisions. The first set of proposed amending provisions concerns the issues aimed at achieving a better harmonisation with the EC Directive "Television Without Frontiers" and international...