In an order issued on Wednesday 30 March, the President of the General Court of the European Union rejected the application for interim measures by the audiovisual channel RT France to suspend the broadcasting ban imposed on it by the EU Council on 1 March (see EUROPE 12901/5 and 12902/9), in response to the propaganda action carried out by the Russian authorities in the European Union in parallel with the Russian invasion of Ukraine (case T-125/22).
The President of the General Court considered whether there was economic and financial damage which would justify the urgency of giving a provisional ruling in order to avoid irreparable damage. In his view, financial compensation would restore the injured party to the situation prior to the broadcast ban. However, the President of the General Court also notes that RT France did not provide any figures on its financial health that would enable the serious and irreparable nature of the damage suffered to be assessed.
Regarding the alleged serious damage to RT France’s reputation, the President of the General Court points out that such damage will last until the EU Council’s action has been annulled by the judgement in the main proceedings. This annulment is not possible in these interim proceedings.
Thirdly, it is up to RT France to specify in what way the alleged serious and irreparable harm to the functioning of democratic societies in general, which would result from the EU Council’s decision, directly affects it.
Therefore, the President of the General Court is of the opinion that the condition of urgency for an interim ruling is not established.
Furthermore, he considers that the balance of interests is in favour of the EU Council. It is intended to protect Member States from disinformation campaigns by the media under the control of the Russian leadership that threaten public order and security in the Union, in the context of military aggression against Ukraine.
RT France’s interests, on the other hand, are those of a private company and relate in particular to the situation of its employees and its financial viability. In the event that RT France is successful in the proceedings on the merits, which will be dealt with on an expedited basis, any damage suffered may be subject to subsequent reparation or compensation.
In early March, the EU Council banned RT English, RT-UK, RT-Germany, RT-France, RT-Spanish and Sputnik from broadcasting content on its TV channels, as well as on news websites and other content distributed via video-sharing platforms or social networks, until the end of the Russian military aggression in Ukraine.
See the order (in French): https://aeur.eu/f/11a (Original version in French by Mathieu Bion)