The Role of the EU Court of Justice in Relation to the European Law on eCommerce and Liability of Internet Service Providers

By re-examining the intervention of the European Court of Justice in the matter of liability of ISPs in accordance with Directive 2000/31/EC on eCommerce (ECD) and in light of the Digital Services Act (DSA), the present work focuses on the role played by the Court with respect to the inertia of the European legislator and the relevance of the general principles and fundamental rights within the process of integration “guided” by said Court of Justice in the interactions with national judges, in their capacity of “European judges”.