El mercado único digital no se reconoce en el espejo de la Directiva de comercio electrónico

Abstract

The Second Chamber of the Court of Justice of the European Union, in its recent judgment of 9 November 2023 (Case C-376/22, Google Ireland and others) ruled out the possibility for Member States to oblige information society service providers established in another part of the Union to establish mechanisms for declaring and verifying potentially unlawful content. This imposition of general and abstract measures on any provider of a category of information society services encroaches on the regulatory competence of the State of origin, infringing the principle of mutual trust and mutual recognition. Moreover, the subjection of platforms to different legislation infringes the freedom to provide services and the proper functioning of the internal market.