The Commissariat for the Media had Omroep MAX in april 2015 a penalty of 162.000 euros is imposed, because the broadcaster supermarket chain Albert Heijn would have made it possible to make money with all of Holland Bakesproducts.
The station had thus the so-called dienstbaarheidsverbod violated, believed mediawaakhond.
Omroep MAX, signed objection with the commissioner’s office, but that led only to a reduction of the fine amount of 162.000 to 145.800 euro.
The Utrecht court now has the whole penalty is cancelled, because there was no contract between MAX and Albert Heijn, and there in the program never referred to the bakspullen of Albert Heijn.
Permissions
Omroep MAX had the rights to the merchandise from the hands of the commercial branch of the BBC, the creator of the bakwedstrijd. Also the logo of the program was to the British broadcasting transferred. Ahold then closed an agreement with the British and got the rights of the products in your hands.
the office of The Commissioner: “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.”
In september 2014, expressing MAX director Jan Slagter his displeasure about the behaviour of Albert Heijn. “We have nothing to do with it, and we earn nothing. The BBC spoils of our success, and there I bale,” said Slagter at The Telegraph.
appeal
“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,” said the Commissioner.
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