Request for a preliminary ruling from the Conseil d’État (France) lodged on 7 March 2024 – Coyote System v Ministre de l’Intérieur et des outre-mer, Premier ministre
(Case C-190/24, Coyote System)
Language of the case: French
Referring court
Conseil d’État
Parties to the main proceedings
Applicant: Coyote System
Defendant: Ministre de l’Intérieur et des outre-mer, Premier ministre
Questions referred
Must the prohibition, imposed on operators of an electronic driving assistance or geolocation-based navigation service, on circulating messages and indications published by users of that service and likely to allow other users to evade certain roadside checks be regarded as falling within the ‘coordinated field’ as provided for by Directive 2000/31/EC 1 , whereas, although it concerns the pursuit of the activity of an information society service, in that it relates to the behaviour of the service provider, the quality or content of the service, it does not concern the establishment of the service provider, commercial communications, electronic contracts, the liability of intermediaries, codes of conduct, out-of-court dispute settlements, court actions or cooperation between Member States, and does not therefore relate to any of the matters governed by the harmonising provisions set out in Chapter II of that directive?
Must a prohibition on broadcasting, which aims in particular to prevent persons wanted for crimes or offences, or who present a threat to public order or security, from being able to evade road checks, fall within the scope of the requirements relating to the pursuit of the activity of an information society service that a Member State cannot impose on a provider of information society services established in another Member State, whereas recital 26 of that directive states that the directive cannot preclude Member States from applying their national rules on criminal law and criminal proceedings with a view to taking all investigative and other measures necessary for the detection and prosecution of criminal offences?
Must Article 15 of Directive 2000/31/EC, which prohibits the imposition on service providers of a general obligation to monitor – not including the obligations applicable to a specific case – be interpreted as meaning that it precludes the application of a provision which merely states that the operators of an electronic driving assistance or geolocation-based navigation service must not circulate, in specific cases and within the framework of that service, certain categories of messages and indications, without the operator having to be aware of content thereof?
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1 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).