European Union: Issued CJEU ruling in Google Ireland lawsuit challenging Italy's rules imposing additional obligations on online intermediation services providers

On 30 May 2024, the Court of Justice of the European Union (CJEU) delivered its ruling in the case of Google Ireland against Italy's regulations for online intermediation services providers (Case C-664/22). The regulations were adopted with the aim of implementing and enforcing the regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services. In particular, the regulations required providers of online intermediation services and search engines to register with the Communications Regulatory Authority (AGCOM). Google Ireland challenged the regulation due to the resulting increase in administrative charges, and the violation of the principle of freedom to provide services. Also, a company would only be subject to the legal system of the Member State in which it is established. The CJEU held that EU law precludes Italy's regulation and that Italy cannot impose additional obligations. Specifically, the CJEU specified that under the Directive on Electronic Commerce, the regulation of information society services is the responsibility of the Member State where the providers have their main establishment.