European Union: Advocate General issued opinion in Amazon case against France's minimum delivery pricing for online book sales (Case C‑366/24)

On 3 July 2025, the Advocate General at the Court of Justice of the European Union delivered an opinion in the case brought by Amazon against French Law No. 2021-1901 and the related decree introducing a minimum delivery fee for books. The case was referred by the French Council of State, which sought clarification on whether the national rules, specifically the Law and its decree, are compatible with EU internal market rules, including Directive 2006/123 on services, Directive 2000/31 on electronic commerce, and the fundamental freedoms under Articles 34 (free movement of goods) and 56 TFEU (freedom to provide services). Amazon argued that the measure restricts cross-border trade, while the French government defended it as necessary to protect cultural diversity and support a dense network of independent bookshops. The Advocate General found that the measure does not fall within the scope of Directive 2000/31, as it relates to delivery requirements excluded under Article 2(h)(ii). He then examined its compatibility with Directive 2006/123, noting that Article 1(4) allows for cultural policy measures, provided they meet the proportionality criteria under Article 16. Finally, he addressed the relevance of EU primary law, suggesting that if the Court departs from the directive-based analysis, Article 34 TFEU would provide the appropriate framework for assessing the measure’s compatibility with internal market rules.