The mediawaakhond put the broadcaster in 2015, initially a fine of 162.000 euros, because Albert Heijn (Ahold) on the successful program in all of Holland Bakes affiliated with the products sold. “This has Ahold can take advantage of the success of a public funded programme”, concluded the commissioner. According to the watchdog, the broadcasting of the so-called dienstbaarheidsverbod violated. That means that the public broadcaster is not service may be to the profit of third parties. Later, the penalty will be reduced to 145.000 euros, but now it completely cease.
Omroep MAX reports: “We have the dienstbaarheidsverbod from the media Law is not violated, as the court ruled in Utrecht yesterday on the Whole Holland Bakes-case. The court declares MAX’s appeal against the decision of the Commissariat for the Media is well founded, and destroys the fine imposed on 145.800 euro.'
The station had the merchandiserechten the hands of the BBC, the creator of the tv format. Ahold then closed a contract with the BBC. MAX-boss Jan Slagter said this earlier in The Telegraph: “We have nothing to do with it, and we earn nothing. The BBC booty now our success, and there I bale."
According to Omroep MAX went to the court in that lecture: 'The court notes that MAX could not provide for her contract with formateigenaar BBC Worldwide to a possible fine would result, and points to important differences with the previous cases in which fines were imposed. So MAX has a regular market price paid for the rights to the format of all of Holland Bakes, there was no contract between the MAX and Albert Heijn, and during the broadcasts of all of Holland Bakes no attention to the baked products of Albert Heijn.'
Slagter is satisfied with the statement: “of course We are very happy that we are through the eyes of the court, the media Law have not been violated, and that we have the fine refunded. Fine that this is done and on to season five!"
The Commissioner’s office may have against the judgment in appeal. In a response reports a spokeswoman: “Omroep Max has at the time in the contract with the BBC, the rights on the word mark all of Holland Bakes transferred to the BBC, without any conditions, to connect to that service had to occur. This principle formed the main basis of our decision-making. The court recognizes that this omission is a violation of the duty of care (and thus the dienstbaarheidsverbod). However, the court finds, in this specific case that for Omroep Max is insufficient to provide was that they dienstbaarheidsverbod would be violated."
“Because it is for both for the Commissioner and for all the importance of public broadcasting is that there is no ambiguity about the interpretation of the dienstbaarheidsverbod, eight the office of the Commissioner desirable that the Council of State about this case pronounces. Therefore, considering the office of the Commissioner to appeal against this decision."
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