French Cinema and Moving Image Code
In forceWhen requesting the approval of an access formula in application of article L. 212-27, any cinema exhibitor who achieves more than 25% of admissions or takings in a given catchment area or more than 3% of takings at national level must offer exhibitors in the same catchment area whose market share represents less than 25% of admissions or takings in the area in question, with the exception of those achieving more than 0.5% of admissions at national level, to join this formula. For operators of cinemas located in the departments of Paris, Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne, which are considered as a single catchment area, the two 25% thresholds mentioned in this paragraph are reduced to 15% and 8% respectively.
The offer mentioned in the previous paragraph gives rise to the conclusion of an association contract with each of the operators associated with the formula under fair and non-discriminatory conditions. This contract:
1° Sets a reference price per admission recorded, which is determined by taking into account the reduced average price charged by the associated operator. The reference price is expressed inclusive of all taxes. It is used as the basis for the remuneration of distributors with whom the member exhibitor concludes contracts for the concession of cinematographic representation rights as well as for the remuneration of rights holders;
2° Provides for the payment to the exhibitor of a guaranteed remuneration per admission equal to the reference price as defined in 1°.
