Fri. Sep 13th, 2024
- This event has passed.
EU Judgment in Joined Cases C-662/22 Airbnb Ireland, and C-667/22 Amazon Services Europe, Case C-663/22 Expedia, Joined Cases C-664/22 Google Ireland, and C-666/22 Eg Vacation Rentals Ireland, and Case C-665/22 Amazon Services Europe
30 May
Thursday 30th May 2024
Judgment in Joined Cases C-662/22 Airbnb Ireland and C-667/22 Amazon Services Europe, Case C-663/22 Expedia, Joined Cases C-664/22 Google Ireland and C-666/22 Eg Vacation Rentals Ireland and Case C-665/22 Amazon Services Europe
(Freedom to provide services – Internal market & Principles – Consumer protection)
In Italy, providers of intermediation services and online search engines, such as Airbnb, Google, Amazon and Vacation Rentals, are subject to certain obligations.
In particular, they must join a register, periodically submit a document on their economic situation, provide a series of detailed information to an administrative authority and pay a financial contribution. Penalties are in place for failure to meet these obligations.
The companies concerned are challenging these obligations before an Italian court.
In their view, this increase in administrative burdens is contrary to EU law, namely the principle of freedom to provide services (see in particular Directive 2000/31/EC on electronic commerce and Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services).
In addition, all these companies – except Expedia, which is established in the United States – argue that they are primarily subject to the legal regime of the Member State in which they are established (in this case, Ireland or Luxembourg).
As a result, they consider that Italian law cannot impose other requirements on them relating to access to an information company services activity.
Against this background, the Italian court decided to refer the matter to the Court of Justice.
Background Documents C-662/22 and C-667/22
Background Documents C-664/22 and C-666/22
Donnerstag, 30. Mai 2024
Urteile des Gerichtshofs in den verbundenen Rechtssachen C‑662/22 Airbnb Ireland und C‑667/22 Amazon Services Europe, in den verbundenen Rechtssachen C-664/22 Google Ireland und C-666/22 Eg Vacation Rentals Ireland, in der Rechtssache C-663/22 Expedia und in der Rechtssache C‑665/22 Amazon Services Europe
Eintragungspflicht in das Register der Anbieter von Kommunikationsdiensten
Mit Beschluss vom 17. Juni 2021 hat die Italienische Aufsichts‑ und Regulierungsbehörde für das Kommunikationswesen (AGCOM) eine Pflicht zur Eintragung in das Register der Anbieter von Kommunikationsdiensten (ROC) auf die Anbieter von Online-Vermittlungsdiensten und Anbieter von Online-Suchmaschinen erstreckt.
Aus dieser Eintragung ergeben sich zusätzliche verwaltungstechnische und finanzielle Belastungen. Anbieter werden unter anderem dazu verpflichtet, an die AGCOM Daten über die Unternehmensstruktur der eingetragenen Unternehmen zu übermitteln, und Zahlungsverpflichtungen in der Entrichtung eines Jahresbeitrags bestehen zur Deckung der Kosten der Wahrnehmung der Aufgaben der AGCOM. Außerdem dürfen die im ROC eingetragenen Unternehmen keine höheren Einnahmen als 20 % der gesamten im integrierten Kommunikationssystem erzielten Einnahmen erzielen.
Vier Anbieter von Online-Diensten, Airbnb Ireland, Amazon Services Europe, Google Ireland und Eg Vacation Rentals Ireland Limited, haben gegen ihre Pflicht zur Eintragung in das ROC eine Klage vor einem italienischen Verwaltungsgericht erhoben.
Dieses hat den EuGH zur Vorabentscheidung ersucht.
Generalanwalt Szpunar hat in seinen Schlussanträgen vom 11. Januar 2024 vertreten, dass ein Mitgliedsstaat einem Anbieter von Online-Diensten, der in seinem Hoheitsgebiet tätig, aber in einem anderen Mitgliedstaat ansässig ist, keine generellen und abstrakten Verpflichtungen auferlegen dürfen sollte (siehe Pressemitteilung Nr. 5/24).
Weitere Informationen C-662/22
Weitere Informationen C-663/22
Weitere Informationen C-664/22
Weitere Informationen C-665/22
Weitere Informationen C-666/22
Weitere Informationen C-667/22
Details
- Date:
- 30 May
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-662/22 Airbnb Ireland, C-663/22 Expedia, C-664/22 Google Ireland, C-665/22 Amazon Services Europe, C-666/22 Eg Vacation Rentals Ireland, C-667/22 Amazon Services Europe
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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