(AFP/KAZUHIRO NOGI)
The Council of State, contacted by the online commerce giant Amazon opposed to a measure intended to increase shipping costs on books in France, referred the question to the Court of Justice of the European Union (CJEU).
In a decision rendered on Friday, he announced that he had decided to suspend ruling on the conclusions presented by Amazon and to refer the matter to the CJEU for an opinion.
The Council of State asks the European Court to rule on several points and to say in particular whether or not EU law provides for an exemption from “a national measure governing the exercise, on the territory of the Member State, of ‘a service activity with a view to protecting or promoting cultural diversity’.
Amazon France filed an appeal for abuse of power against a ministerial decree of April 4, 2023, which entered into force in October of the same year, which sets the regulatory threshold for shipping costs at 3 euros for orders below 35 euros.
The government’s objective was to apply the law of December 30, 2021 on the “book economy”, which aimed to encourage book buyers to go to bookstores, in order to avoid these shipping costs.
Amazon believes that this measure is “contrary to the rights and interests of consumers” and that it can “penalize readers, authors and reading in general”.
The company argues that its “online offering and that of booksellers are in reality complementary, with almost one in two books sold by Amazon being shipped to small towns and countryside, that is to say to territories often deprived bookstore”.
Amazon cited the opinion delivered in February 2023 by the European Commission, very critical of France, considering that its government has not demonstrated how increasing shipping costs can make it possible to “maintain a dense and diversified network” of bookstores and “the diversity and quality of the editorial offering”.