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Case T-818/16: Judgment of the General Court of 16 May 2018 — Netflix International and Netflix v Commission (Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring aid compatible with the internal market — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility)
ECLI:EU:UNKNOWN:62016TA0818
62016TA0818
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(Case T-818/16) (*1)
Language of the case: English
Parties
Applicants: Netflix International BV (Amsterdam, Netherlands), Netflix, Inc. (Los Gatos, California, United States) (represented by: C. Alberdingk Thijm, S. van Schaik, S. van Velze and E.H. Janssen, lawyers)
Defendant: European Commission (represented by: J. Samnadda, G. Braun and B. Stromsky, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision (EU) 2016/2042 of 1 September 2016 on the aid scheme SA.38418 — 2014/C (ex 2014/N) which Germany is planning to implement for the funding of film production and distribution (OJ 2016 L 314, p. 63).
Operative part of the judgment
The Court:
1.Dismisses the action as inadmissible;
2.Declares that there is no need to rule on the applications to intervene lodged by the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands and the Filmförderungsanstalt;
3.Orders Netflix International BV and Netflix, Inc. to bear their own costs and to pay those incurred by the European Commission, with the exception of those relating to the applications to intervene;
4.Orders Netflix International, Netflix, the Commission, the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands and the Filmförderungsanstalt each to bear their own costs relating to the applications to intervene.
* * *
(*1) OJ C 30, 30.1.2017.