On November 22, VOD provider Netflix filed an action for annulment against the European Commission before the European Court of Justice (ECJ), seeking to overturn a provision in the German Film Subsidy Act (Filmförderungsgesetz, FFG). The Commission had approved the respective provision, which also imposes the German film levy on VOD providers that are located outside of Germany (see our September 2016 Newsletter for details). Netflix is now challenging this decision by the Commission, claiming that European media law forbids the measure.