A German video-game distributor (Activision Blizzard Germany, formerly known as CD-Contact) has brought a challenge against a judgment of the Court of First Instance (the “CFI”) to uphold a ruling by the Commission that imposed a fine against the company for colluding with Nintendo to restrict parallel trade in video games.

Whilst the CFI, in its decision of April 2009, agreed with the Commission’s decision to fine CD-Contact for attempting to restrict parallel trade in video games across member states for a period of seven years, it did reduce the fine that CD-Contact and Nintendo had to pay. Of note is that another company, Itochu, involved in the same proceedings who appealed the decision of the Commission had its fine maintained. Despite the reduction in its fine (CD-Contact is now subject to a fine of €500,000 reduced from €1 million) the company is now seeking annulment of the decision altogether.