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Joined Cases C-662/22 and C-667/22, Airbnb Ireland and Others: Judgment of the Court (Second Chamber) of 30 May 2024 (requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio – Italy) – Airbnb Ireland UC (C-662/22), Amazon Services Europe Sàrl (C-667/22) v Autorità per le Garanzie nelle Comunicazioni (Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to be entered in the register of communications operators – Obligation to provide information on structure and organisation – Obligation to make a financial contribution – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures taken against a given information society service – Regulation (EU) 2019/1150 – Objective)
ECLI:EU:UNKNOWN:62022CA0662
62022CA0662
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Official Journal of the European Union
C series
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C/2024/4292
(Joined Cases C-662/22 and C-667/22,
Airbnb Ireland and Others)
(Reference for a preliminary ruling - Freedom to provide services - Providers of information society services - Obligation to be entered in the register of communications operators - Obligation to provide information on structure and organisation - Obligation to make a financial contribution - Directive 2000/31/EC - Coordinated field - Principle of control in the home Member State - Exemptions - Concept of measures ‘taken against a given information society service’ - Regulation (EU) 2019/1150 - Objective)
(C/2024/4292)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Airbnb Ireland UC (C-662/22), Amazon Services Europe Sàrl (C-667/22)
Defendant: Autorità per le Garanzie nelle Comunicazioni
Operative part of the judgment
Article 3 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’),
must be interpreted as precluding measures adopted by a Member State, with the stated aim of ensuring the adequate and effective enforcement of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services, under which, on pain of penalties, providers of online intermediation services established in another Member State are subject, with a view to providing their services in the first Member State, to the obligation to be entered in a register maintained by an authority of that Member State, to communicate to that authority certain detailed information about their organisation and to pay a financial contribution to that authority.
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ELI: http://data.europa.eu/eli/C/2024/4292/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Italian