Description

Issued Advocate General at the Court of Justice opinion on Case C-376/22

On 8 June 2023, Advocate General Szpunar at the Court of Justice issued an opinion in Case C-376/22 on the restriction of information society services through legislative measures brought before the court by Google, Meta, and Tik Tok against Komm Austria. Google, Meta, and Tik Tok are challenging Austria's application of the Austrian federal law on communication platforms, arguing it is incompatible with Directive 2000/31 on electronic commerce. The Advocate General noted that Directive 2000/31 generally prevents Member States from imposing stricter requirements than those of the Member State of origin. Further, derogations from the country-of-origin principle should be based on case-by-case measures, and a general provision applying to a category of services would fragment the internal market. The Advocate General concluded that Directive 2000/31 prevents a Member State from restricting the freedom to provide information society services from another Member State. The Advocate General's opinion is not binding on the Court of Justice.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content, search service provider
Implementation Level
supranational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-06-08
under deliberation

On 8 June 2023, Advocate General Szpunar at the Court of Justice issued an opinion in Case C-376/22…

2023-11-09
under investigation

On 9 November 2023, the Court of Justice of the European Union issued its ruling on Case C-376/22 o…

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