France's top administrative court, the Conseil d'Etat, on Wednesday dismissed Amazon's legal challenge to a minimum delivery fee on books, confirming the government's policy that requires a three euro charge on book deliveries in the country.
The fee was enacted in October 2023 with the stated goal of supporting local independent bookstores in competition with large online retailers. Prior to the change, Amazon charged one euro cent for book deliveries in France. The minimum delivery charge does not apply to purchases that exceed 35 euros.
Amazon had argued the fee was protectionist and in breach of European Union law. The company said the measure unfairly targeted its business model and lodged a formal challenge with the French courts. The Conseil d'Etat rejected that line of argument, upholding the national regulation.
An Amazon spokesperson described the ruling as disappointing, saying it will affect readers already dealing with cost-of-living pressures and those without convenient access to physical bookstores. The spokesperson said: "The evidence is clear: this measure has cost readers over 100 million euros, driven the French further away from books, and strengthened large retail chains rather than independent booksellers. We remain focused on our mission: helping readers access books across France."
The decision marks another instance in which French policy measures aimed at protecting cultural or commercial sectors have led to tensions with major global internet companies. The court's ruling leaves the minimum delivery fee in place under current French law.
Summary of the ruling
- The Conseil d'Etat upheld a three euro minimum delivery fee on book orders, rejecting Amazon's challenge.
- The fee, effective from October 2023, is intended to support independent bookstores; it is not applied to orders over 35 euros.
- Amazon argued the rule was protectionist and infringed EU law; the company said the policy has cost readers over 100 million euros and reduced access to books for many French residents.
Implications
The ruling preserves a national consumer pricing change aimed at shifting economics in the book retail sector. It leaves intact a legislative tool designed to channel some delivery costs away from independent booksellers and onto online orders that previously benefited from very low shipment charges.