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Headnotes

1. The publication of court rulings is a public task. It is a task of the judicial power derived directly from the constitution and therefore of every court. All rulings in the publication of which the public is or may be interested must be published. Rulings worthy of publication must be prepared for disclosure to the public by means of anonymisation or neutralisation.

2. Afterwards, the rulings do not need to be published by the courts themselves but their publication may also be left to the private initiative of interested persons including the judges involved in the ruling by means of an organisational act.

3. When disclosing court rulings for purposes of publication, the courts are subject to a neutrality obligation. This corresponds with a right of the publishers of specialist journals as well as other publication media to equal treatment in journalistic competition.

4. Court rulings must be sent to permanent subscribers simultaneously, as far as possible. In case of private third parties, including the judges in their private function, disclosing the rulings must not be organised in a way that leads to certain publishing houses having a competitive advantage.

5. When disclosing the rulings, no distinction must be made based on the academic standard of the press media to which the rulings are to be supplied.

Distinction between medical product and substance-based medical device (nasal spray)

Headnotes

1. A product distributed as a substance-based medical device may be a medicinal product by presentation within the meaning of section 2 (1) no. 1 of the Medicinal Products Act and article 1 no. 2 (a) of Directive 2001/83/EC.

2. Even a non-receptor-mediated mode of action may, in an individual case, fall within the concept of pharmacological effect within the meaning of section 3 no. 1 (a) of the Medical Devices Act and article 1 (2) (a) of Directive 93/42/EEC.

3. The manufacturer who wishes to distribute a product as a medical device must prove that it satisfies the conditions for being considered such a product.

Compatibility of section 13b BauGB with EU law

Headnote

section 13b BauGB is incompatible with article 3 (1) and (5) of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA Directive).

Interim protection against the planning approval decision for the new construction and operation of the energy transport line ETL 180 Brunsbüttel - Hetlingen (first construction section)

Headnotes

1. The waiver of the requirement to carry out an environmental impact assessment pursuant to section 4 (1) LNGG is compatible with EU law.

2. In the case of energy transport lines, the activities carried out by consumers with the energy (electricity or gas) at a later date are not to be included in the climate impact pursuant to section 13 (1) KSG.