French media group has announced it plans to appeal the ruling, saying size of fine disproportionate to the US box-office performance of the film.

A French court has fined TF1 International €32 million in damages over its failure to honour an agreement to distribute Spike Lee’s World War II drama Miracle on St. Anna, which was supposed to hit screens in France in 2009 but instead went straight to DVD.

TF1 International acquired world sales rights, excluding North America, for Miracle on St. Anna in 2007 from On My Own, the Italian production house set up by Cinecitta Luce president Roberto Cicutto and Luigi Musini.  

But plans to release the film in France in 2009 were shelved after TF1 said the delivered film did not comply with the picture stipulated in the contract.

The media group took the case to France’s Commercial Court in a bid to dissolve its contractual obligations.

On My Own responded by lodging a case in France’s Court of First Instance. The court finally pronounced its decision on June 21 but news of the €32 million fine only broke in the French media on Wednesday.

TF1 responded with a statement announcing it plans to appeal the ruling, saying the damages “were clearly disproportionate given the performance of the film, notably on the American market, where it only made €5.5 million at the box office.”

Under the ruling, the award will be divided between Lee, On My Own, BNP-Paribas, which invested some €9 million in the picture, and writer James McBride, who adapted his eponymous novel for the film. TF1 have been ordered to pay €24 million immediately.

The film, about four African-American soldiers in the Second World War, has a cast including Derek Luke, Laz Alonzo, Michael Ealy, Omar Benson Miller, Joseph Gordon-Levitt, Valentina Cervi and John Turturro.

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