Judgment
Full text
Fourth, as regards the applicant’s claim that any public interest would not be compromised by a preservation of the status quo, it should be noted that granting the interim measures sought would not merely maintain the status quo. The suspension of operation of the contested decision would have no effect either on the application of the general obligations laid down by Regulation 2022/2065 to all intermediary services or on the application of the obligations specific to very large online platforms to platforms other than the applicant which were designated as such by the Commission, pursuant to Article 33(4) of that regulation. It follows that such a suspension of operation would be liable to alter the competitive situation in the digital sector in a manner which has not been provided for by the EU legislature, by making the applicant subject to a regime different from that applicable to other players in that sector which have, in view of the criteria defined by that legislature, characteristics comparable to that company (see, to that effect, order of 27 March 2024, Commission v Amazon Services Europe, C‑639/23 P(R), EU:C:2024:277, paragraph 163).