Order of the President of the General Court of 27 September 2023 – Amazon Services Europe v Commission

(Case T-367/23 R)

(Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing of competing interests)

Language of the case: English

Parties

Applicant: Amazon Services Europe Sàrl (Luxembourg, Luxembourg) (represented by A. Conrad, M. Frank, R. Spanó and I. Ioannidis, lawyers)

Defendant: European Commission (represented by: L. Armati and P.-J. Loewenthal, acting as Agents)

Re:

By its application based on Articles 278 and 279 TFEU, the applicant seeks suspension of the operation of Commission Decision C(2023) 2746 final of 25 April 2023 designating Amazon Store as a very large online platform in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ 2022 L 277, p. 1).

Operative part of the order

1.    Operation of the decision of the European Commission of 25 April 2023, with reference C(2023) 2746 final, designating Amazon Store as a very large online platform in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), is suspended in so far as, by virtue of that decision, Amazon Store will be required to make an advertisement repository publicly available, in accordance with Article 39 of that regulation, without prejudice to the requirement for the applicant to compile the advertisement repository.

2.    The application for interim measures is dismissed as to the remainder.

3.    The costs are reserved.

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