European Union: Issued Opinion by Advocate General on Business Registration Requirements for Online Intermediation Services

On 11 January 2024, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion on a preliminary ruling requested by the Tribunale Amministrativo Regionale per il Lazio. The case revolves around an Investigation of the Italian Competition Authority (AGCOM) into Airbnb Ireland, Amazon Services Europe, Expedia, Google Ireland and Vacation Rentals Ireland on alleged failure of fulfilling the requirements for providers of online intermediation services to be entered in a register, which involves the communication of relevant information about their organisation and payment of a financial contribution. Specifically, the court was asked if a Member State can impose such obligations on an online service provider operating on its territory but established in another Member State. According to the Advocate General, the Directive on Electronic Commerce prohibits the imposition of "broad and abstract obligations on an online service provider established in another Member State". The Advocate General's Opinion is not binding and only proposes a legal solution to the case. The Court of Justice will issue the final ruling.