Posted: Mon., Jan. 15, 2007, 5:15am PT

German fund takes Emmerich to court

Filmstiftung NRW says they're owed $2.6 mil

By Erik Kirschbaum

Emmerich

BERLIN — German film fund Filmstiftung NRW has taken Roland Emmerich to court to get a E2 million ($2.6 million) refund it says the filmmaker owes for 1999 pic "The Thirteenth Floor."

Dispute centers on whether the film made a profit. If it did, then the fund would be entitled to coin back.

"The film wasn't a blockbuster, but it made a profit, which must be paid back," Filmstiftung NRW managing director Michael Schmid-Ospach said Monday.

Pic, produced by Emmerich and his sister Ute, made $18 million at the box office worldwide, according to Daily Variety figures; it was also reported to have cost $18 million.

A state court has ruled in favor of the board, but Emmerich is appealing.