Commission v Amazon Services Europe (Appeal - Interim relief - Approximation of laws - Single market for digital services - Additional online advertising transparency - Order) [2024] EUECJ C-639/23P(R)_CO (27 March 2024)

Commission v Amazon Services Europe (Appeal - Interim relief - Approximation of laws - Single market for digital services - Additional online advertising transparency - Order) [2024] EUECJ C-639/23P(R)_CO (27 March 2024)

The General Court breached the principle that the parties should be heard by failing to allow the Commission to respond to Amazon's arguments on confidentiality, which were decisive for the outcome. This procedural defect alone justified setting aside the order suspending Amazon's obligation to make the Article 39 repository publicly available. On the merits, the Court found that Amazon's plea of illegality regarding Article 39 of Regulation 2022/2065 raised complex legal questions that could not be dismissed as manifestly unfounded, thus satisfying the prima facie case requirement. The urgency requirement was also met, as Amazon demonstrated a risk of serious and irreparable harm from...

Parties
Appellant: European Commission; Intervener in the Appeal: European Parliament; Intervener in the Appeal: Council of the European Union; Applicant at First Instance / Respondent on Appeal: Amazon Services Europe Sàrl
Jurisdiction
European Union
Judgment Date
27 March 2024
Procedural Posture
Appeal (interim Relief) / Order on Appeal Against Interim Measures, Court of Justice of the European Union
Outcome
Appeal partially allowed; order of the General Court set aside in part; interim suspension of Amazon's obligation to make the Article 39 repository publicly available maintained.
Legal Topics
Interim Relief, Digital Services Act, Online Platform Regulation, Advertising Transparency, Procedural Fairness, Fundamental Rights (charter of Fundamental Rights of the Eu)
European Union Law Administrative Law Digital Services Regulation Interim Relief Digital Services Act Online Platform Regulation Advertising Transparency Procedural Fairness +1 more

Case Brief

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Parties

European Commission

Appellant

European Parliament

Intervener in the Appeal

Council of the European Union

Intervener in the Appeal

Amazon Services Europe Sàrl

Applicant at First Instance / Respondent on Appeal

Procedural Posture

Appeal (interim Relief) / Order on Appeal Against Interim Measures, Court of Justice of the European Union

Legal Issues

  1. 1 Whether the General Court breached the principle that the parties should be heard by not allowing the Commission to respond to Amazon's confidential information arguments in interim proceedings
  2. 2 Whether Article 39 of Regulation 2022/2065 (Digital Services Act) unlawfully infringes Amazon's rights under the Charter of Fundamental Rights of the EU
  3. 3 Whether the conditions for interim relief (prima facie case, urgency, balance of interests) are met

Ratio Decidendi

The General Court breached the principle that the parties should be heard by failing to allow the Commission to respond to Amazon's arguments on confidentiality, which were decisive for the outcome. This procedural defect alone justified setting aside the order suspending Amazon's obligation to make the Article 39 repository publicly available. On the merits, the Court found that Amazon's plea of illegality regarding Article 39 of Regulation 2022/2065 raised complex legal questions that could not be dismissed as manifestly unfounded, thus satisfying the prima facie case requirement. The urgency requirement was also met, as Amazon demonstrated a risk of serious and irreparable harm from...

Court Disposition

Appeal partially allowed; order of the General Court set aside in part; interim suspension of Amazon's obligation to make the Article 39 repository publicly available maintained.

Orders

  • Point 1 of the General Court's order suspending Amazon's obligation to make the Article 39 repository publicly available is set aside.
  • The application for interim measures is granted to the extent that Amazon's obligation to make the repository publicly available is suspended until the main action is decided.