84Thirdly, contrary to the applicant’s claims, the fact that the amount of the investment obligations is calculated by reference to the turnover of the television service provider concerned, and not in relation to its programming budget, as provided for by Article 5 of Directive 89/552, does not support the conclusion that the applicant has a special status. First, the applicant has not shown how that method of calculation would place it in a different situation to that of its competitors, being television service providers, the applicant claiming, moreover, that other television service providers could be in a similar situation to its own. Secondly, it is not for the Court to examine, in the context of the present action, the French law at issue in the light of Directive 89/552.
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