Professor Andrew Murray’s recent book (co-edited with LSE Law visiting fellow Professor Arno Lodder) EU Regulation of E-Commerce: A Commentary was cited twice by Advocate General Szpunar in his recent opinion in AIRBNB Ireland UC v Hôtelière Turenne SAS. The Advocate General used the book as authority for the proposition that the EU eCommerce Directive applies to “the requirements relating to access to the activity of an information society service, such as those concerning qualifications, authorisation or notification, even if those requirements are general in nature” [at 106] and that “requirements not coming within the coordinated area [of the Directive] that are also not harmonised at EU level must be assessed where necessary in the light of primary law” [at 116].
We now await the final decision of the Court.