France

[FR] Public Funding for the Cinema Is only Available for European Productions

IRIS 2007-9:1/15

Amélie Blocman

Légipresse

In a decision delivered on 6 July, the Conseil d’Etat upheld the position adopted by the administrative court of appeal (see IRIS 2005-1: 13) according to which the film “Un long dimanche de fiançailles” could not claim the financial support granted by the Centre national de la cinématographie (National Cinematographic Centre - CNC). Regarding the background to this case, on 23 October 2003, the CNC gave its approval to the company 2003 Productions for the new full-length film by Jean-Pierre Jeunet, the director of the famous “Amélie Poulain". However, an association and a syndicate of independent producers, considering that the beneficiary company was controlled by American capital, appealed to the courts for the approval to be withdrawn. The applicants claimed that 2003 Productions was merely a “Trojan horse” being used by Warner Bros France to divert French funding to Hollywood, which under normal circumstances was excluded from this advantage because of its non-European nationality. Under Article 7 of the Decree of 24 February 1999, eligibility for receipt of financial support is dependent on the production company not being controlled by one or more natural persons or legal entities from States other than those in the European Union. The court of appeal confirmed that 2003 Productions was controlled by the French subsidiary of Warner Bros, with 97% of its capital being held by a multinational under American law, with a registered office in the United States. The production company was therefore controlled by a legal entity from a non-European State within the meaning of the provisions of the 1999 Decree, and could not claim public funding for the cinema.