On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). [1] The commitments prohibited Paramount from enforcing and complying with contractual clauses that restricted the passive sale of pay-TV subscriptions across borders in the EEA. The Court of Justice concluded that the Commitments Decision breached the principle of proportionality because, without their agreement, it negated the contractual rights under the passive sales bans of third parties who were not involved in the proceedings (such as Canal+). Prohibiting Paramount from complying with its obligations under the clauses in question
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The EU Court of Justice annuls the Commission’s decision on a pay-TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
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