TMT Newsletter | June 2025

Outlook

On 24.06.25, the Federal Administrative Court announces its decision on legality of the Federal Ministry of the Interior's ban and dissolution of the publishing entity COMPACT (6 A 4.24). On 26.06.25, the CJEU will decide, i.a., whether the Audiovisual Media Services Directive prohibits (only) content that violates human dignity and whether this prohibition also applies to purely online publishers (C-555/23; AG Ćapeta: yes and yes, Opinion C-555/23). On 02.07.25, the CJEU will hear whether and under what conditions courts in civil proceedings may process personal data – in particular unlawfully collected data – taking into account the principles of certainty, proportionality and data minimization (C-484/24). On 10.07.25, the CJEU will decide, i.a., whether Member States may withhold a (flat-rate) minimum remuneration from producers of sound recordings (C-37/24). On the same day, GA Szpunar publishes his opinion on the compatibility of the Italian implementation of the press publisher right with Art. 15 of Directive 2019/790 (C-797/23). On 31.07.25, the Federal Court of Justice will decide on the existence of a modification of computer programs under Section 69c No. 2 UrhG through the use of ad blockers (I ZR 131/23) and – following an CJEU referral (C-159/23) – through the use of ‘cheat software’ (I ZR 157/21).

CJEU-AG – CMO does not have to take actual room occupancy into account According to GA Szpunar, an abuse of a dominant position pursuant to Art. 102 TFEU does not already lie in the fact that the occupancy rate of hotel rooms is not a criterion for determining the remuneration for the hotel use of television programs. The number of guest rooms and the amount of works or programs made available are relevant for the appropriate remuneration, but not the fact of how often guest rooms are occupied. GA Szpunar justifies this by stating that it does not matter whether televisions are actually switched on in the guest rooms, without addressing the question of whether the occupancy rate does not also provide information on the size of the audience that benefits from the hotel's service (Opinion C-161/24).

CJEU-AG - No extensive interpretation of the pastiche exception In the Metall-auf-Metall dispute, which is going on for more than twenty years, GA Emiliou now concludes that the pastiche exception (Art. 5 para. 3 lit. k InfoSoc Directive) is not a catch-all provision and only creates limited scope for creative reuses of protected material. The broad interpretation in the explanatory memorandum to Sec. 51a UrhG would therefore have no basis in the InfoSoc Directive. However, GA Emiliou finds a violation of artistic freedom (Art. 13 CFR) in the further protection of ancillary copyright holders. Either the CJEU must interpret partial reproduction (Art. 2 InfoSoc Directive) more narrowly or the legislator must take action, e.g. by excluding short excerpts from protection or introducing an exception for the creative reuse of works. Although for the protection of authors, GA Emiliou does not find a fundamental rights violation, he is also in favor of an exception de lege ferenda for the artistic reuse of protected material  (Opinion C-590/23).

CJEU-AG – counterfactual analysis not required under Art. 102 TFEU The proceedings concern Google's appeal against the EC's decision of imposing a fine on Google for using certain contractual provisions vis-à-vis manufacturers and mobile network operators. The EGC only partially annulled the EC's decision. In her opinion, AG Kokott proposes to dismiss Google's appeal. She, i.a., assumes that the EC was not required to conduct a counterfactual analysis. She emphasizes that due to Google's market position the hypothetical as-efficient competitor text could not be applied (Opinion C-738/22 P).

EUCOM - Protection of minors from pornographic content under the DSA The EUCOM has provisionally determined that various platforms (incl. Pornhub) do not adequately protect the rights of minors, contrary to Art. 28 DSA. In particular, there is a lack of suitable age verification tools. In addition, risk assessment and mitigation measures regarding the impact of adult content on minors are missing. The formal proceedings now initiated within the meaning of Art. 66 para. 1 DSA enable the EUKOM to take further enforcement measures (press release of 27.05.25).

EUCOM - International digital strategy presented with increased cooperation The strategy focuses on promoting the EU's technological competitiveness and security by expanding international digital partnerships. These digital partnerships should address, among other things, secure digital infrastructures of critical sectors, emerging technologies such as AI and 5G/6G, cybersecurity and digital governance that protects human rights and democratic principles (press release of 05.06.25).

EDPB - Guidelines on the transfer of data to courts and authorities from third countries According to the guidelines on Art. 48 GDPR, the transfer of personal data should primarily take place on the basis of applicable international agreements. For this purpose, the agreement must constitute an authorization pursuant to Art. 6 para. 1 lit. c, e GDPR and provide appropriate safeguards, Art. 46 para. 2 lit. a GDPR. If an agreement is missing or does not fulfil the aforementioned requirements, a transfer can take place in accordance with the restrictive Art. 49 GDPR (press release of 05.06.2025).

Regional Court of Munich I - No embedding of public service content on online portals Joyn offered content from ARD and ZDF on its platform without license. While Joyn considered this "embedding" permissible under copyright law, the court finds a violation of Section 80 (1) No. 3 MStV. Conduct that is permissible under copyright law can still violate media law. The public broadcasters are also not under a general ‘must-offer’ obligation for their content (press release of 28.05.25).

Regional Court of Frankfurt am Main – copyright protection for cell phone recordings of daily events A private individual had exclusively licensed the rights of use to her private cell phone video of a flooding to a news agency. The use of still images from this video by another media company infringes the rights of the licensee: While the video is not protected as a cinematographic work under Section 2 (1) No. 6, (2) UrhG, as it lacked creative elements, it is protected as a so-called motion picture, to which the provisions of Section 94 UrhG applicable to film works apply accordingly (press release of 06.06.25).

Regional Court of Stuttgart - "Vitruvian Man" is a puzzle theme admissible outside Italy The injunction granted in summary proceedings in Italy on the basis of the Codice dei beni culturali e del paesaggio ("Code of cultural heritage and landscape ") does not develop a blocking effect pursuant to Art. 29 Regulation No. 44/2001. The admissible action for a declaratory judgment that an injunction does not exist in Germany was also well-founded, as according to the principle of territoriality, the Italian Code of cultural heritage and landscape does not apply in Germany (press release of 11.06.25).

BfDI - 45 million euro fine for GDPR violations The BfDI found two violations of the GDPR: Firstly, partner agencies acting as processors were not sufficiently checked and monitored, which violates Art. 28 para. 1 sentence 1 GDPR. Secondly, security flaws in the authentication process when using the online portal in combination with the hotline meant that unauthorised third parties were able to access eSIM profiles. The cooperation in the clarification led to a reduction in the fine (PM of 03.06.25).