European Union: Issued CJEU ruling rejecting Amazon's request to suspend obligation for public advertisement repository under Digital Service Act (Case C-639/23)

On 27 March 2024, the Court of Justice of the European Union (CJEU) rejected Amazon's request to suspend the obligation to provide a public advertising repository, as required for very large online platforms under the Digital Services Act (DSA). The decision was initially appealed by Amazon to the General Court of the European Union, where Amazon also sought interim measures to suspend the disclosure requirement. The General Court initially granted the suspension, prompting the European Commission to appeal to the CJEU on the grounds of breach of procedural rights, as it wasn't allowed to respond to Amazon's arguments. The CJEU overturned the General Court's suspension, emphasising the need for Amazon to comply with transparency obligations in relation to its online advertising activities. The CJEU found Amazon's concerns about the infringement of its fundamental rights to be serious but not overriding the public interest served by the Digital Services Act.