18.4.2017

EN

Official Journal of the European Union

C 121/39

(Case T-101/17)

(2017/C 121/58)

Language of the case: English

Parties

Applicant: Apple Distribution International (Cork, Ireland) (represented by: S. Schwiddessen, H. Lutz, N. Niejahr, and A. Patsa, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul Commission Decision (EU) 2016/2042 of 1 September 2016;

—order the European Commission to pay its own costs as well as the applicant’s costs in connection with these proceedings.

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 a violation of the Audiovisual Media Services Directive

—First, the European Commission violated Articles 2(1), 2(2) and 3 of the Audiovisual Media Services Directive by finding that the country of origin principle does not apply to the film levy. Second, the European Commission violated Article 13(1) of the Audiovisual Media Services Directive by considering that this article allows Member States to impose financial contributions for the promotion of European works on video-on-demand providers who are established in other Member States.

2.Second plea in law, alleging a violation of Article 110 TFEU

—The European Commission violated Article 110 TFEU by finding that the application of the film levy to video-on-demand providers who are established in other Member States is not discriminatory.

3.Third plea in law, alleging a violation of Article 56 TFEU

—The European Commission failed to examine whether the application of the film levy to video-on-demand providers who are established in other Member States violates Article 56 TFEU

4.Fourth plea in law, alleging a violation of Directive 98/34/EC

—The European Commission failed to examine whether the application of the film levy to video-on-demand providers who are established in other Member States required notification under Directive 98/34/EC.