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IRIS 2009-5:1/5 European Court of First Instance: TF1 Case against the Commission

In 1993, Télévision française 1 SA, owners of the private French television network TF1, lodged a complaint with the European Commission alleging, inter alia, that the repayment of the audiovisual licence fee by France to the French public service broadcasters, France 2 and France 3, constituted illegal state aid. On 10 December 2003, the Commission issued Decision 2004/838/EC, dismissing TF1’s claim, concluding that the financing scheme was indeed compatible with the rules of the common market, according to Article 86(2) EC Treaty (see IRIS 2004-2: 4), and including a number of recommendations...

IRIS 2009-4:1/13 [FR] Audiovisual Reform Adopted and Promulgated

The Act “on audiovisual communication and the new public television service” and the Implementing Act on the appointment of the chairmen of the public-sector audiovisual companies were gazetted on 7 March 2009. A few days earlier, the Constitutional Council, in response to an application by opposition MPs, had validated all the key measures of the reform, including the abolition of advertising on the public-sector channels, their financing, and - more controversially - the appointment of the chairmen of the public-sector audiovisual companies (France Télévisions, Radio France and the company responsible...

IRIS 2009-4:1/12 [FR] France: Canal+ and i-Télé Formally Ordered to Observe Honesty in News Items

Coming after France 2 having broadcast erroneous news images in a news item on the conflict between Israel and Palestine last January, the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) decided on 24 February 2009 to issue a formal order to the channels Canal+ and i-Télé reminding them to observe their obligation of honesty in the information they broadcast as required by Article 28 of the Act of 30 September 1986 and as specified in their agreements. The two channels, which belong to the same group, had broadcast in their newscasts on 17 February 2009 an item...

IRIS 2009-4:1/11 [FR] CSA on the Application of State Aid Rules to Public Service Broadcasters

The Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) has just published its reply to the consultation launched in November 2008 by the European Commission on its draft revised Communication on the application of State aid rules to public service broadcasters. The evolution of the audiovisual market and its legal environment has made it necessary to update the 2001 Communication. According to the Commission, the main elements of discussion are the greater leeway allowed to the public-sector broadcasting bodies to take up the challenges of the new media environment,...

IRIS 2009-4:1/10 [FR] Orange Foot’s Offer Constitutes Conditional Sale and Unfair Competition

Orange (a subsidiary of France Telecom) has just been ordered by the commercial court in Paris to suspend its exclusivity for the broadcasting of certain football matches on its channel Orange Sport. Last August, having spent EUR 203 million on acquiring the exclusivity of some of the rights for broadcasting premier league football during the period from 2008 to 2012 (including one premium broadcast, the Saturday night match live), Orange launched its channel Orange Foot (renamed Orange Sports in January). The channel’s offer, comprising linear, non-linear and interactive services, is offered...