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Resumen de Germany: : BGH confirms advertising ban for online game �Runes of Magic�

Tobias Raab

  • According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 18 September 2014, which has not yet been published in full (case no. I ZR 34/12), decided that an advertisement for video game accessories, written in language likely to appeal to children, represented an unlawful exhortation to children to purchase and therefore infringed Article 3(3) of the Act against unfair competition (Gesetz gegen den unlauteren Wettbewerb - UWG). This ruling is also relevant to the audiovisual media sector, firstly because video games and their advertisement represent audiovisual content and, secondly, because the advertising rules in the UWG are very similar to those in the Audiovisual Media Services Directive (AVMSD).


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