EN
12.6.2023
Official Journal of the European Union
C 205/11
3.
Article 8(2) of Directive 2006/115 must be interpreted as precluding national legislation, as interpreted by the national courts, which establishes a rebuttable presumption that musical works are communicated to the public because of the presence of sound systems in means of transport.
(1)
OJ C 191, 10.5.2022.
Judgment of the Court (Seventh Chamber) of 20 April 2023 — Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl v European Commission (Case C-815/21 P) (1) (Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Online sales — Regulation (EC) No 773/2004 — Article 2(1) — European Commission decision to initiate an investigation — Territorial scope of the investigation — Exclusion of Italy — Allocation of competence between the Commission and the competition authorities of the Member States — Regulation (EC) No 1/2003 — Article 11(6) — The competition authorities of the Member States being relieved of their competence — Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission — Action for annulment — Act not open to challenge — Act not producing legal effects vis-à-vis third parties — Preparatory act — Inadmissibility) (2023/C 205/12) Language of the case: English Parties Appellants: Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl (represented by: A. Komninos, dikigoros, and G. Tantulli, abogado) Other party to the proceedings: European Commission (represented by: B. Ernst, T. Franchoo, G. Meessen and C. Sjödin, acting as Agents) Intervener in support of the defendant: Autorità Garante della Concorrenza e del Mercato (represented by: P. Gentili, avvocato dello Stato)
Operative part of the judgment The Court: 1.
Dismisses the appeal; 2.
Orders Amazon.com, Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl and Amazon Europe Core Sàrl to bear their own costs and to pay the costs incurred by the European Commission; 3.
Orders the Autorità Garante della Concorrenza e del Mercato (National Competition Authority, Italy) to bear its own costs in relation to the appeal proceedings.
(1)
OJ C 84, 21.2.2022.