VII. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE Platformele online, gardienii legalităţii: aparenţa ca tehnică de alocare a răspunderii în pieţele online ale Uniunii
VII. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION Online platforms, guardians of legality: appearance as a technique for attributing liability in the Union's online markets

Summary/Abstract: Online marketplaces were once juridically legible as „mere intermediaries”: infrastructures that connected sellers and buyers while remaining, at least in theory, normatively peripheral. That premise has become increasingly untenable. This article traces the EU’s ongoing recalibration of platform responsibility across three converging regulatory registers, product liability, consumer protection, and the Digital Services Act, while showing how the GDPR and the CJEU’s reasoning in Case C‑492/23 destabilise any residual claim to algorithmic neutrality. By foregrounding the platform’s functional control over the architecture of transactions, visibility, and data flows, it argues that the contemporary EU settlement is best understood as a regime of layered diligence: ex ante traceability and design duties, procedural obligations of reaction and redress, and (in specific configurations) exposure to private law liability. The article concludes by situating this shift within the deeper constitutional tension between intensified compliance burdens and the freedom of establishment, suggesting that the internal market is being re described, not abandoned, through the grammar of fundamental rights and systemic risk.

• Details
• Contents