Airbnb Ireland (Freedom to provide services - Information society service providers - Obligation to be entered in the register of communication operators - Judgment) French Text [2024] EUECJ C-662/22 (30 May 2024)

Airbnb Ireland (Freedom to provide services - Information society service providers - Obligation to be entered in the register of communication operators - Judgment) French Text [2024] EUECJ C-662/22 (30 May 2024)

Article 3 of Directive 2000/31/EC precludes national measures requiring providers of online intermediation services established in another Member State to register, disclose detailed organizational information, and pay a financial contribution, unless the strict conditions for derogation under Article 3(4) are met....

Source-derived case information.

Citation
[2024] EUECJ C-662/22
Parties
Applicant: Airbnb Ireland UC; Applicant: Amazon Services Europe Sàrl; Respondent: Autorità per le Garanzie nelle Comunicazioni (AGCOM); Intervener: Government of Italy; Intervener: Government of Czech Republic; Intervener: Ireland; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
national measures incompatible with EU law
Legal Topics
Freedom to Provide Services, Information Society Service Providers, Register of Communication Operators, Notification Obligations, Sanctions for Non Compliance
EU Law Information Technology Law Administrative Law Freedom to Provide Services Information Society Service Providers Register of Communication Operators Notification Obligations Sanctions for Non Compliance

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Parties

Airbnb Ireland UC

Applicant

Amazon Services Europe Sàrl

Applicant

Autorità per le Garanzie nelle Comunicazioni (AGCOM)

Respondent

Government of Italy

Intervener

Government of Czech Republic

Intervener

Ireland

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Whether national measures requiring registration, information disclosure, and financial contribution from online intermediation service providers established in another Member State are compatible with EU law
  2. 2 Whether such measures fall within the 'coordinated field' under Directive 2000/31/EC
  3. 3 Whether notification obligations under Directive 2015/1535 apply to such measures

Ratio Decidendi

Article 3 of Directive 2000/31/EC precludes national measures requiring providers of online intermediation services established in another Member State to register, disclose detailed organizational information, and pay a financial contribution, unless the strict conditions for derogation under Article 3(4) are met. The Italian measures are general and abstract, do not target a specific service, and are not justified by the objectives listed in Article 3(4), thus violating EU law.

Court Disposition

national measures incompatible with EU law

Orders

  • Article 3 of Directive 2000/31/EC interpreted as precluding national measures requiring registration, information disclosure, and financial contribution from providers established in another Member State.
  • Italian authorities must not enforce such measures against providers established in other Member States unless derogation conditions are strictly met.