The story of David versus Goliath. Or, in this case, the story of the Wallonia-Brussels Federation against streaming giants like Netflix or Disney +. In order to better support our national productions, which is really not a luxury, the Federation has decided to increase the contribution from platforms from 2.2 to 9.5% of the revenue they generate in both regions.
Despite estimated profits of 8.7 billion in 2025 with its 325 million subscribers, Netflix – supported by Disney – considers the new rate “disproportionate” and “discriminatory” for a federation that only concerns 4.6 million people. The Los Gatos company has therefore filed a lawsuit, but has been defeated by the Constitutional Court, which considers this increase “reasonably justified” and that “the maximum rate of 9.5% is proportionate.”
A victory but…
For professionals in the production industry in Belgium, this is obviously a great victory that could greatly improve the financing of dramas here. But everything is not yet settled in this matter. The Constitutional Court believes that three legal questions need to be referred to the Court of Justice of the European Union (CJEU), particularly regarding what can or cannot be considered an investment.
The legal battle is not over. It could continue from June before the CJEU and, given the financial stakes involved, promises to be fierce.
