Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission (T-367/23)

Judgment of 19 Nov 2025

law://eu/cjeu/2023/t-367-23/para_140@2026-11-14

140In that regard, it should be noted that recital 13 of Regulation 2022/2065 states that ‘cloud computing or web-hosting services should not be considered to be an online platform where dissemination of specific information to the public constitutes a minor and ancillary feature or a minor functionality of such services’. The applicant does not dispute that the dissemination of information to the public at the request of a recipient of the service is not a minor and ancillary feature or a minor functionality of marketplaces. Consequently, it must be held that Article 33(1) of that regulation, in so far as it covers marketplaces and not certain cloud computing services and certain web-hosting services, does not make an arbitrary or manifestly inappropriate distinction for the purposes of preventing the systemic risks referred to in Article 34(1) of that regulation.

Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission (T-367/23)

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