Case C-665/22: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 21 October 2022 — Amazon Services Europe SARL v Autorità per le Garanzie nelle Comunicazioni
Date: 2022-10-21
Institutions: Court of Justice
Subjects: administrative transparency, disclosure of information, freedom to provide services, information society, provision of services, right of establishment, sanction (EU), search engine, trade information, trade intermediary








C_2023063EN.01001501.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/15






Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 21 October 2022 — Amazon Services Europe SARL v Autorità per le Garanzie nelle Comunicazioni
(Case C-665/22)
(2023/C 63/21)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: Amazon Services Europe SARL

Defendant: Autorità per le Garanzie nelle Comunicazioni

Questions referred







1.


Does Regulation (EU) 2019/1150 (1) preclude a national provision that, for the specific purpose of ensuring the adequate and effective implementation of that regulation, including by gathering relevant information, requires providers of online intermediation services and providers of online search engines to regularly communicate relevant information about their revenue?










2.


On the basis of Regulation 2019/1150, can the information required in the context of the Economic System Information, mainly relating to revenue earned, be considered relevant and instrumental for the objective pursued by that regulation?










3.


Does Directive (EU) 2015/1535 (2) require Member States to notify the Commission of measures requiring providers of online intermediation services and providers of online search engines to submit a report containing relevant information about their revenue, non-compliance with which gives rise to a fine? If so, does the directive allow a private individual to object to measures not notified to the Commission being applied to him or her?










4.


Does Article 3 of Directive 2000/31/EC (3) preclude the adoption by national authorities of provisions that, in order to implement Regulation 2019/1150, lay down additional administrative and financial obligations for operators, established in another European country but operating in Italy, such as the communication of a report containing relevant information about their revenue, non-compliance with which gives rise to a fine?










5.


Does the principle of freedom to provide services enshrined in Article 56 TFEU and Article 16 of Directive 2006/123/EC (4) and Directive 2000/31 preclude the adoption by national authorities of provisions that, in order to implement Regulation 2019/1150, lay down additional administrative and financial obligations for operators established in another European country, such as the submission of a report containing relevant information about their revenue, non-compliance with which gives rise to a fine?










6.


Does Article 3(4)(b) of Directive 2000/31/EC require Member States to notify the Commission of measures requiring providers of online intermediation services and providers of online search engines to submit a report containing relevant information about their revenue, non-compliance with which gives rise to a fine? If so, does the directive allow a private individual to object to measures not notified to the Commission being applied to him or her?






(1)  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 (OJ 2019 L 186, p. 57).

(2)  Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ 2015 L 241, p. 1).

(3)  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 (OJ 2000 L 178, p. 1).

(4)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).