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i) That its products were being sold in violation of territorial limitations i.e. products which were made for US and other territories were being sold in Europe,
ii) That some of the products sold on the platform were counterfeit products,
iii) That eBay was advertising L'Oreal products through the Google 'Adwords' referencing service.

27. The CJEU held that the advertising through key-words/Adwords could constitute "use", however, since the said use was in respect of products of L'Oreal itself, it would not be in violation of Directive 89/104 and Regulation 14/94. However, in respect of liability of the operator of an online market place, in order for the internet service provider to be exempted from liability under article 14 of the Directive 2000/31 i.e. the E-commerce Directive, such an operator ought to be intermediary. Following the tests in Google France (supra) the Court held that eBay processes the data entered by its sellers. EBay also provides assistance to optimize the sales of the sellers. The Court distinguishes between the operator of an online market place who stores the offers for sale on its servers, sets terms of service, provides general information and is remunerated for the same and an operator, who optimizes presentations of the offers for sale, promotes offers, provides them assistance etc. In the former case, the operator would be entitled to exemption from liability whereas in the latter, it would not be entitled to exemption.