At the end of May, Amazon announced that it had filed an appeal for "excess of power" before the Conseil d'État, in order to challenge the measure on shipping costs for books purchased online . While the e-commerce giant applies a 0.01 euro delivery charge to comply with the current ban on free shipping, the ministerial decree of April 4 sets the minimum delivery threshold at 3 euros for book orders under 35 euros. This measure, which
ratifies a provision of the Darcos law, designed to protect independent bookshops. It is due to come into force on October 7.
The European Commission has not yet issued its decision, but this has not prevented Amazon from announcing that it will be relying on the following factors "on the detailed opinion issued by the European Commission" on this subject.
"This measure raises many questions, which have been relayed by the European Commission in particular. It will penalize readers, authors and reading in general, and we call for the right to be upheld in the interests of consumers." says Frédéric Duval, General Manager of Amazon France, in a press release.
E-commerce and bookshops, a dialogue of the deafâeuros?
According to the head of Amazon France, "this measure will deal a severe blow to French people's budgets and limit their access to books" a counter-argument to the decree aimed at encouraging readers to push open the doors of a bookshop.
Amazon argues that bookstores are not evenly distributed across France, and asserts that "90% of France's 35,000 communes don't have a bookshop on their territory. So 45% of French people who buy books online do so because of the remoteness of physical outlets".
The Syndicat de la librairie française (SLF), based on data provided by Crédoc (research center for observation and living conditions), reports that "densely populated urban areas buy the most online. Thus, 61% of French people living in the Paris metropolitan area buy online, and 57% of people living in a metropolitan area with over 100,000 inhabitants".
Readers will have to wait for the Conseil d'Etat's decision. If Amazon is unsuccessful, then the European Commission will deliver its verdict. Last spring, the European Commission stated that "not to be able to prejudge the conclusions of this assessment. The Commission is empowered to initiate infringement proceedings against Member States in the event of infringement of Community law" .
