EU regulatory register · DSA
Article 3Definitions
CELEX 32022R2065 · Read on 2026-08-18
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
For the purpose of this Regulation, the following definitions shall apply:
(a)
‘information society service’ means a ‘service’ as defined in Article 1(1), point (b), of Directive (EU) 2015/1535;
(b)
‘recipient of the service’ means any natural or legal person who uses an intermediary service, in particular for the purposes of seeking information or making it accessible;
(c)
‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
(d)
‘to offer services in the Union’ means enabling natural or legal persons in one or more Member States to use the services of a provider of intermediary services that has a substantial connection to the Union;
(e)
‘substantial connection to the Union’ means a connection of a provider of intermediary services with the Union resulting either from its establishment in the Union or from specific factual criteria, such as:
—
a significant number of recipients of the service in one or more Member States in relation to its or their population; or
—
The article continues in the official text.
Judgments of the Court of Justice
6 decisions
- C-115/24Court of Justice of the European Union
UJ v Österreichische Zahnärztekammer
Reference for a preliminary ruling – Public health – Cross-border healthcare – Directive 2011/24/EU – Article 3(d) and (e) – Provision of healthcare through telemedicine – Concept of ‘telemedicine’ – Cross-border healthcare provided through telemedicine – Complex medical treatment that includes healthcare provided in person and through telemedicine – Member State of treatment – Directive 2000/31/EC – Information society service – Directive 2005/36/EC – Professional qualifications – Freedom to provide services – Scope – Article 56 TFEU.
- C-517/23Court of Justice of the European Union
Apothekerkammer Nordrhein v DocMorris NV
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 86(1) – Concept of ‘advertising of medicinal products’ – Article 87(3) – Advertising of prescription-only medicinal products – Advertising of a pharmacy’s entire range of medicinal products – Vouchers corresponding to a certain sum of money or a percentage reduction for the subsequent purchase of other products – Price reductions and payments with immediate effect – Free movement of goods – Article 34 TFEU – Freedom to provide services – Electronic commerce – Directive 2000/31/EC – Article 3(2) and (4)(a) – Restriction – Justification – Consumer protection.
- C-376/22Court of Justice of the European Union
Google Ireland Limited and Others v Kommunikationsbehörde Austria (Komm Austria)
Reference for a preliminary ruling – Directive 2000/31/EC – Information society services – Article 3(1) – Principle of control in the home Member State – Article 3(4) – Derogation from the principle of free movement of information society services – Concept of ‘measures taken against a given information society service’ – Article 3(5) – Possibility of a posteriori notification of measures restricting the free movement of information society services in urgent cases – Failure to provide notification – Enforceability of those measures – Legislation of a Member State imposing on providers of communication platforms, whether established on its territory or not, a set of obligations relating to the monitoring and notification of allegedly unlawful content – Directive 2010/13/EU – Audiovisual media services – Video-sharing platform service.
- C-62/19Court of Justice of the European Union
Star Taxi App SRL v Unitatea Administrativ Teritorială Municipiul Bucureşti prin Primar General and Consiliul General al Municipiului Bucureşti
Reference for a preliminary ruling – Article 56 TFEU – Applicability – Purely internal situation – Directive 2000/31/EC – Article 2(a) – Meaning of ‘Information Society services’ – Article 3(2) and (4) – Article 4 – Applicability – Directive 2006/123/EC – Services – Chapters III (Freedom of establishment for providers) and IV (Free movement of services) – Applicability – Articles 9 and 10 – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Meaning of ‘rule on services’ – Meaning of ‘technical regulation’ – Article 5(1) – Failure to communicate in advance – Enforceability – Activity of connecting persons wishing to make urban journeys with authorised taxi drivers, by means of a smartphone application – Classification – National regulations subjecting that activity to prior authorisation.
- C-649/18Court of Justice of the European Union
A v Daniel B and Others
Reference for a preliminary ruling – Medicinal products for human use not subject to compulsory medical prescription – Online sales – Advertising for a pharmacy’s website – Limitations – Prohibition on discounts where the order exceeds certain amounts and the use of paid referencing – Obligation to require a patient to complete a health questionnaire prior to validation of his or her first order on a pharmacy’s website – Protection of public health – Directive 2000/31/EC – Electronic commerce – Article 2(a) – Information society service – Article 2(h) – Coordinated field – Article 3 – Country-of-origin principle – Derogations – Justification – Protection of public health – Protection of the dignity of the profession of pharmacist – Prevention of the abusive consumption of medicinal products.
- C-390/18Court of Justice of the European Union
Criminal proceedings against X
Reference for a preliminary ruling — Directive 2000/31/EC — Information society services — Directive 2006/123/EC — Services — Connection of hosts, whether businesses or individuals, with accommodation to rent with persons seeking that type of accommodation — Qualification — National legislation imposing certain restrictions on the exercise of the profession of real estate agent — Directive 2000/31/EC — Article 3(4)(b), second indent — Obligation to give notification of measures restricting the freedom to provide information society services — Failure to give notification — Enforceability — Criminal proceedings with an ancillary civil action.
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