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Dokument 62022CJ0070
Judgment of the Court (Seventh Chamber) of 27 April 2023.
Viagogo AG v Autorità per le Garanzie nelle Comunicazioni (AGCOM) and Autorità Garante della Concorrenza e del Mercato (AGCM).
Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility.
Case C-70/22.
Judgment of the Court (Seventh Chamber) of 27 April 2023.
Viagogo AG v Autorità per le Garanzie nelle Comunicazioni (AGCOM) and Autorità Garante della Concorrenza e del Mercato (AGCM).
Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility.
Case C-70/22.
Rapporti tal-qorti - ġenerali - Taqsima “Informazzjoni dwar deċiżjonijiet mhux ippubblikati”
IdentifikaturECLI: ECLI:EU:C:2023:350
Case C‑70/22
Viagogo AG
v
Autorità per le Garanzie nelle Comunicazioni (AGCOM)
and
Autorità Garante della Concorrenza e del Mercato (AGCM)
(Request for a preliminary ruling from the Consiglio di Stato)
Judgment of the Court (Seventh Chamber) of 27 April 2023
(Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility)
-
Questions referred for a preliminary ruling – Admissibility – Limits – Interpretation of Directive 2000/31 – Scope
(Art. 267 TEU; European Parliament and Council Directive 2000/31, Arts 1, 2(c) and 3(1) and (2))
(see paragraphs 24, 27, 31)
-
Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of provisions of EU law manifestly inapplicable in the dispute in the main proceedings – Inapplicability of Article 56 TFEU to a company established in a non-member State, in the absence of an international agreement providing otherwise
(Arts 56 and 267 TFEU; EC-Switzerland Agreement on the Free Movement of Persons)
(see paragraphs 32-36, 40)