The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorising a German cinema aid scheme (Netflix / Apple)

All State Aid decisions taken by the EC can be subject to an action for annulment. In practice, however, it has been very difficult for complainants to successfully bring admissible actions for annulment of EC decisions approving aid because of EU courts’ strict interpretation of the locus standi requirements. The GCEU’s recent judgment in Netflix and its order in Apple concerning an amended German aid scheme to support film production, distribution and exhibition are another testimony to this difficulty. Background Against the backdrop of video-on-demand services’ rapidly growing share in the distribution and consumption of films, Germany decided to amend its existing aid scheme for the promotion of German cinema by levying a special tax on video-on-demand distributors located

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorising a German cinema aid scheme (Netflix / Apple), 27 July 2018, e-Competitions Tax rulings, Art. N° 89772

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