Netflix Lodges Appeal to France’s Council of State Over Windowing Rules: ‘Taking a Stand Against an Imbalanced and Unfair System’ (EXCLUSIVE)

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Netflix is challenging the windowing regulations in France’s Council of State, arguing that they make it necessary to wait 15 months before streaming recently released movies.

The rules that have kept Netflix out of the Cannes Film Festival primarily apply to all television channels and streaming services, whether they are paid or free, or subscription-based. The amount these platforms invest in cinema releases determines their eligibility to screen films after they’ve been shown in cinemas – a practice known as windowing. These regulations are linked with the implementation of the European Union’s Audiovisual Media Services Directive (AVMS), which will enforce local content quotas for streamers across Europe from 2022 onwards. Initially, Netflix was the only streaming service to commit to a three-year deal with film organizations, promising to invest 20% of their revenues in French productions. As a result, Netflix gained access to films 15 months after they premiered in cinemas, compared to the previous 36-month wait.

Three years have passed since their agreement with film organizations expired, and as we approach year’s end, Netflix regrets that they are still at a 15-month impasse, despite a significant increase in their investment in French films. Each year, the streaming service invests €50 million in French cinema, accounting for 4% of its local revenue. In total, their investment in French content (including TV movies, series, and documentaries) amounts to €250 million. Last year, Netflix financed or co-financed 27 French films, followed closely by Disney+ with 10 films, Prime Video with six, and Max with two, according to a report recently published by the National Film Board.

According to a statement made by Netflix’s VP of content in France, Pauline Dauvin, in a letter to the Council of State, and obtained exclusively by EbMaster, over the past four years, Netflix has pumped approximately 1.7 billion euros into the French production sector, boosting the country’s creative economy. Additionally, this investment is said to have supported more than 25,000 jobs in that same period.

Despite their efforts, Netflix hasn’t managed to advance its release schedule due to the fact that they continue to invest only 4% of their budget in theatrical films. While they claim to have spent more money than any other streaming service, French film organizations contend that Netflix must increase their investment in cinematic productions to a higher percentage if they wish to secure the 12-month window they’ve been advocating for.

Today, we’re regretfully taking a firm stance against an unbalanced and biased system. Despite multiple efforts to reach a compromise, we’ve initiated a legal dispute with the Conseil d’État over France’s media release schedule regulations. As we pour more resources than ever into French cinema productions, our members are forced to wait 15 months to watch the films they played a crucial role in bringing to life. Our demand is straightforward and consistent since 2022: shorten the period for films we financially support at our current investment level.

I’ve been closely following the developments between streaming giants like Netflix and film organizations, and it seems things have hit a snag recently. Previously, negotiations with film groups had been ongoing for months, but progress stalled when it was revealed that Disney+ had secured a nine-month advantage – despite having a significantly lower investment in French content compared to Netflix.

However, Disney+ managed to strike a deal with the film industry, committing to invest 25% of their French revenue into local content and 14% into French theatrical movies. Although this is a higher percentage than what Netflix has been investing proportionally, it’s less in absolute terms. Over the next three years, Disney+ plans to acquire or pre-buy at least 70 films.

An interesting aspect of French laws is that if one streamer signs an agreement, it applies to all others. With Disney+ making a move, the windowing rules have been extended to Netflix, meaning they are now stuck with a 15-month window for the next three years (2016-2028). Yet, Netflix doesn’t appear ready to back down just yet.

Le Figaro was first to break the news about Netflix appealing this decision.

It’s been revealed that EbMaster acquired a letter penned by Netflix’s Content Vice President in France, Pauline Dauvin, directed towards the Council of State.

Netflix and French Cinema: Building the Future of Creativity Together

By: Pauline Dauvin

Every day, millions of individuals residing in France enjoy streaming content from Netflix. As a dedicated and deeply rooted collaborator, we take pride in our partnerships with renowned French filmmakers and innovative new talents, helping to distribute their works and showcase the richness of French artistic expression in various forms.

The evidence is evident in our expanding collection of local successes: Lupin captivated audiences and won the hearts of the French; Under Paris brought French genre filmmaking to global stages; and Class Act even garnered praise from the British with a BAFTA for Best International Series in 2024.

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Our growing lineup of local triumphs serves as clear proof: Lupin enchanted viewers and touched the hearts of the French; Under Paris showcased French genre filmmaking on world platforms; and Class Act even gained acclaim from the British, winning a BAFTA for Best International Series in 2024.

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Our expanding roster of local victories speaks for itself: Lupin became an obsession and won over the French; Under Paris took French genre filmmaking global; and Class Act even earned accolades from the British with a BAFTA for Best International Series in 2024.

Through our partnership with French establishments such as La Cinematheque, we’ve funded the restoration of Abel Gance’s iconic film Napoleon. By backing institutions like La Fémis, Gobelins, and Cinéfabrique, we’re empowering the upcoming generation of French artists to flourish.

For more than a decade, we’ve teamed up with France’s vibrant artistic scene, playing a significant role in bolstering the French creative sectors. Annually, we pour in over 250 million euros. Our investments in French film production have injected approximately 1.7 billion euros into the French creative economy and sustained around 25,000 jobs during the past four years.

We’ve significantly increased our support for French cinema, investing approximately 50 million euros annually since 2022 in theatrical releases – ranging from the opulent historical backdrop of “Jeanne du Barry” to the poignant “Flo”, from the side-splitting humor of “Les Segpa au ski” to the nail-biting suspense of “Vermines”. Remarkably, this investment is made even though theatrical distribution isn’t our core business.

In keeping with our commitment to supporting storytellers, we became the initial streaming platform to seal a media chronology and a bilateral accord with French film unions – an action driven by our conviction that their work deserves recognition, and our aim to foster homegrown creative triumphs.

But today, we’re reluctantly taking a stand against an imbalanced and unfair system.

In spite of our multiple efforts to reach an agreement, we’ve decided to initiate a lawsuit at the Conseil d’État over France’s regulations concerning media timelines.

Why this situation? It’s due to the fact that although we’re pouring more funds than before into French theatrical movies, our subscribers must endure a delay of approximately 15 months to finally see the exact movies they contributed to bringing onto the big screen.

Since 2022, our ongoing request remains consistent: let’s shorten the duration for films we’ve already financed with our current funding level.

We’re not looking to disrupt the ecosystem—we want to enhance it. 

It’s crucial that live theater experiences continue to play a role in film exploration and entertainment. However, with technology providing endless opportunities for both viewers and creators, it’s unfair and unsustainable to make Netflix subscribers in France wait longer than any other global region to watch the movies they’ve financially supported.

It’s beneficial for French cinema to collaborate with forward-thinking partners like Netflix who fully invest themselves. Over the years, we’ve proven our dedication to being involved in this venture. In return, we merely seek fair guidelines that align with modern viewing patterns and acknowledge our role in fostering French artistic expression.

Pauline Dauvin 

Vice President, Content – France

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2025-04-11 14:17