Judgment_paragraph 25 · Groupe Canal + v European Commission (C-132/19 P)

25Even if the Commission had been able to disregard the resolution, the General Court should have found – knowing that the Parliament was about to adopt a legislative measure allowing the audiovisual sector to maintain geo-blocking clauses, now Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ 2018 L 60 I, p. 1) – that the Commission was at the very least required to include in the contested decision a clause enabling Paramount’s commitments to be reviewed should the legislative landscape change. It follows from recital 8 of that regulation, from Article 1 of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (OJ 2017 L 168, p. 1), from recital 10 of Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (OJ 2019 L 130, p. 82), and from Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ 2019 L 130, p. 92), that the EU legislature accepted, after the adoption of the contested decision, that audiovisual content could be subject, among other things, to geo-restriction systems.

Groupe Canal + v European Commission (C-132/19 P)

History · 1 version

Key facts

Connections