Op-Ed: “What is seen cannot be unseen. An emerging standard for interim measures at the General Court? And what comes next in Amazon v Commission” by Stijn Huijts
Stijn Huijts
On 27 September 2023, the General Court issued its first decision relating to Regulation (EU) 2022/2065, better known as the ‘Digital Services Act’ or ‘DSA’ (Amazon v Commission, T-367/23 R). It concerned the partial grant and partial denial of an application for interim measures by Amazon, relating to obligations to (i) provide to users at least one option for each of their recommender systems which is not based on profiling (pursuant to Article 38 of the DSA); and (ii) provide additional online advertising transparency in the form of an online advertising repository containing certain prescribed information (pursuant to Article 39 of the DSA). Amazon failed in its application with respect to the former but succeeded in obtaining interi