After more than a week of media skirmishes and negotiations as secret as sterile, TF 1 and Canal + found themselves this Tuesday at 3 p.m. under the gold of the Paris Commercial Court.
The subsidiary of the Bouygues group summoned its competitor in summary proceedings to demand the emergency restoration of the signal of its channels (TF 1, TMC, TFX, TF 1 Séries Films, LCI) for TNT Sat customers.
Operated by Canal +, this satellite service allows nearly 2 million households living in white areas, particularly mountainous ones, to access television.
They have been deprived of TF1 channels for a dozen days and the decision of Canal + to cut their signal to its customers.
The subsidiary Vivendi justifies this radical decision by the failure of negotiations for a new distribution agreement with the group of Gilles Pélisson, accusing the latter of having demanded too high a remuneration to continue to broadcast its antennas.
From the outset, the magistrate in charge of the case, Alain Wormser, is ironic about “this extremely particular case”.
“TF 1 has assigned
(Canal +)
.
Canal + also assigned
(TF 1)
.
I conclude that the two parties would like to find an agreement, ”he comments, skeptically, in reference to the legal actions launched by the two audiovisual groups last week.
The TF 1 group denounces a "brutal rupture of the commercial relationship"
Provoking smiles around the oval table hosting the debates, the one who is also a banker in civilian life becomes a conciliator rather than a judge.
He offers an “amicable” solution from the outset, suggesting that Canal + restore the broadcasting of its competitor for “two, three months”, the time to “quietly” negotiate a new distribution agreement.
In return, TF 1 would undertake not to claim money from Maxime Saada's group during this period.
In case of failure, the court "will take all its responsibilities", he warns.
Unsurprisingly, the lawyers of the One give their agreement subject to this proposal, while those of Canal + express their opposition.
In an attempt to reach consensus, the hearing is adjourned, allowing counsel to discuss in camera.
Refugees behind a door leading to an adjoining room, the lawyers debate for nearly 35 minutes.
Only a few bursts of voice or laughter are perceptible to the public remaining in the courtroom.
After the visible failure of this meeting, the hearing resumes, each camp then exposing its arguments in this technical file.
Sticking to its positions, the TF 1 group denounces a “brutal rupture of the commercial relationship” on the part of Canal +.
He also argues that the distribution of his channels was part of a "universal service" provided for by the audiovisual law of 1986. La Une again requests as a "precautionary measure" the restoration of its signal on TNT Sat for "four months », the time to find a global agreement with the distributor.
“Every day counts”
Right in its boots, the group of Maxime Saada considers on the contrary that the law of 1986 did not create any obligation for him to distribute the TF 1 channels, this file falling within the sole contractual relations, as Arcom pointed out last week.
The Vivendi subsidiary also argues that there was no "brutal termination of the commercial relationship" on its part, nor "imminent danger" for TF 1 because of this cut.
And therefore no precautionary measure to be taken.
After more than an hour and a half of hearing, the judge adjourned the session, specifying that his decision would be rendered on September 22.
“Every day counts”, underline the lawyers of TF 1 at the announcement of this deadline, which is undoubtedly intended to give the two parties one last time time to find an amicable agreement.