European Union: Court of Justice of the European Union issued judgment in case challenging French minimum charges for book delivery

Description

Court of Justice of the European Union issued judgment in case challenging French minimum charges for book delivery

On 18 December 2025, the Court of Justice of the European Union issued a judgment in Case C-366/24, initiated by Amazon EU, regarding a French Order of 4 April 2023 that set minimum charges for the home delivery of new books. The national measure stipulated that retailers must invoice a minimum of EUR 3 for book delivery on orders below EUR 35, while orders of EUR 35 or more could be delivered at little or no cost. Amazon EU challenged the Order before the Council of State (France), contending that it infringed the E Commerce Directive, the Services Directive, and the principle of free movement of goods. The Court ruled that while the contested measure falls outside the scope of the two directives, since it was aimed at preserving cultural diversity, it was still necessary to examine its compatibility with primary EU law, particularly the rules on the free movement of goods. The Court concluded that the national measure, by affecting the overall selling price of books, must be reviewed solely under the free movement of goods rules and cannot be regarded as a “selling arrangement” which would not be considered a measure having equivalent effect to quantitative restrictions on imports. Because the imposition of minimum charges particularly affects distance selling and traders from other Member States, the Court held that it constitutes a measure having equivalent effect. The Court did not rule on France's potential justifications for enacting such a measure.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
platform intermediary: e-commerce, platform intermediary: other
Implementation Level
supranational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2024-05-21
under deliberation

On 21 May 2024, the French Council of State referred a request for a preliminary ruling to the Cour…

2024-07-03
under deliberation

On 3 July 2025, the Advocate General at the Court of Justice of the European Union delivered an opi…

2025-12-18
in force

On 18 December 2025, the Court of Justice of the European Union issued a judgment in Case C-366/24,…