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Court watch

European Court of Justice (ECJ), May 30, 2024
ECJ 30 May 2024, case C-663/22 (Expedia), other forms of free movement
Expedia Inc. – v – Autorità per le Garanzie nelle Comunicazioni, Italian case

Summary

A Member State may not impose additional obligations on an online service provider established in another Member State. The ECJ’s summary can be found here.

Question

Must Regulation 2019/1150 be interpreted as justifying the adoption of measures by a Member State under which, on pain of penalties, providers of online intermediation services are subject, with a view to providing their services in that Member State, to the obligation to send periodically to an authority of that Member State a document relating to their economic situation, in which it is necessary to set out a large amount of information relating, in particular, to the revenues of those service providers?

Ruling 

Regulation 2019/1150 must be interpreted as meaning that it does not justify, with a view to the adequate and effective implementation of that regulation, the adoption of measures by a Member State under which, on pain of penalties, providers of online intermediation services are subject, with a view to providing their services in that Member State, to the obligation to send periodically to an authority of that Member State a document relating to their economic situation, in which it is necessary to set out a large amount of information relating, in particular, to the revenues of those service providers.