Overview
- The European Commission's DG CONNECT formally told Germany the MedienInvestVG raises serious concerns about proportionality and non‑discrimination for cross‑border services.
- Commission objections target the 8% investment quota's empirical basis, the lack of differentiation between service types, strict subquotas, and short rights‑reversion periods that limit international exploitation.
- The Kulturstaatsministerium responded that the Commission's remarks are a routine part of notification, that no fundamental incompatibility was found, and that the government will examine recommended clarifications.
- Key features of the draft include an 8% reinvestment requirement (with a 12% alternative), a €10 million turnover threshold, FFA oversight, and a penalty set at 75% of missed investments.
- The proposal now faces increased risk of legal challenges after a constitutional opinion from Udo Di Fabio and the Commission's critique, making amendments and a delay before Bundestag passage more likely and creating uncertainty for streamers and German producers.