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Document 62016TN0873
Case T-873/16: Action brought on 8 December 2016 — Groupe Canal + v European Commission
Case T-873/16: Action brought on 8 December 2016 — Groupe Canal + v European Commission
Case T-873/16: Action brought on 8 December 2016 — Groupe Canal + v European Commission
OJ C 38, 6.2.2017, p. 50–52
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.2.2017 |
EN |
Official Journal of the European Union |
C 38/50 |
Action brought on 8 December 2016 — Groupe Canal + v European Commission
(Case T-873/16)
(2017/C 038/66)
Language of the case: French
Parties
Applicant: Groupe Canal + (Issy-les-Moulineaux, France) (represented by: P. Wilhelm, P. Gassenbach and O. de Juvigny, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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in the main,
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in the alternative,
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Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging that the Commission made a manifest error of assessment when it treated the contract concluded between GROUPE CANAL + and Pictures International Limited (‘Paramount’) as being incompatible, by object, with Article 101(1) TFEU and when it found that the undertakings offered by Paramount did not affect cultural diversity and more generally the financing and operation of films in the EEA. That plea in law is divided into two parts.
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2. |
Second plea in law, alleging that the Commission exceeded the limits of its power of appreciation when it accepted undertakings such as to respond to competition concerns which it had not expressed in its preliminary assessment. This plea in law is divided into two parts.
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3. |
Third plea in law, alleging a manifest infringement by the Commission of the principle of proportionality. This plea in law is divided into three parts.
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4. |
Fourth plea in law, alleging that the Commission misused its powers, since the commitments which it made compulsory interfere in the ongoing legislative process before the European Parliament, which expressed reservation and concern at the abolition of the territoriality of licences in the audiovisual sector and its impact on the financing of cinema, concentration in the sector and cultural diversity. The Commission did not take the above into account, pre-empting by negotiating with a single non-European undertaking, namely Paramount, the outcome of important legislative debates. This plea in law is divided into two parts.
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