Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/235965 
Year of Publication: 
2021
Citation: 
[Journal:] Internet Policy Review [ISSN:] 2197-6775 [Volume:] 10 [Issue:] 2 [Publisher:] Alexander von Humboldt Institute for Internet and Society [Place:] Berlin [Year:] 2021 [Pages:] 1-27
Publisher: 
Alexander von Humboldt Institute for Internet and Society, Berlin
Abstract: 
Online platforms are considered as very powerful economic agents often tending to obtain oligopolistic or even monopolistic positions in the market. In this respect, the liability of platform operators has been constantly discussed among scholars. The sharpest issue in this respect is whether the platform operator may be held liable towards a platform customer for the violations caused by platform suppliers. Unfortunately, this issue has not been duly addressed yet. However, recently adopted CJEU judgements in Asociación Profesional Elite Taxi v Uber Systems Spain, SL (2017) and in Airbnb Ireland (2019) cases may be helpful in this regard. Although the mentioned judgments do not refer to liability issues directly, they still are indirectly linked to the latter. In this article I analyse the approaches provided by the Court of Justice of the European Union (CJEU) in the mentioned cases and discuss their applicability to private disputes, in particular, to disputes on the liability of platform operators. I suggest that under the current regulatory regime established by European secondary legislation these approaches may be extrapolated to liability issues.
Subjects: 
Online platforms
Sharing economy
Platform operator
Business user,Customer
Platform liability
E-commerce
Persistent Identifier of the first edition: 
Creative Commons License: 
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Document Type: 
Article

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