The Court of Justice of the European Union (CJEU), in its judgment in case C-149/15, Sabrina Wathelet v. Garage Bietheres & Fils SPRL, introduced a significant shift in the approach to the civil liability of intermediaries who facilitate the conclusion of contracts between consumers and businesses. The CJEU ruled that, under certain circumstances, a third party facilitating the transaction may be considered the seller in a sales contract between a consumer-seller and a consumer-buyer. Recent consumer protection legislation in the European Union suggests that the principles established in the judgment have laid the groundwork for holding online marketplaces, which have previously operated unchecked and engaged in fraudulent practices against consumers, civilly liable.

This paper first briefly outlines the key elements of the judgment and then examines how the European Union's Digital Services Act (hereinafter: DSA) and the new Product Liability Directive regulate the liability of service providers operating online marketplaces.