Digital Services Act and Digital Markets Act designation dispute interventions
The Digital Services Act (DSA) and Digital Markets Act (DMA) recently came into force, creating an elaborate system of rules for digital services, such as social media or online marketplaces. The DSA gives individuals due process and transparency rights and imposes a risk management system upon the largest services known as very large online platforms (VLOPs) and search engines (VLOSEs).
A number of platforms designated as VLOPs have filed disputes at the Court of Justice of the European Union against the European Commission to have the designation removed, potentially threatening to undermine the new rights brought in by the DSA and DMA.
Digital Services Act and Digital Markets Act designation dispute interventions
Organisation Name
European Information Society Institute (EISi), o. z.
Country/Jurisdiction
Court of Justice of the European Union
Grant Amount
EUR 39,986
Current Status
Ongoing
Image credit: Photo by Guillaume Périgois on Unsplash
Grant type
Litigation Track Support
Description
The Digital Services Act (DSA) and Digital Markets Act (DMA) recently came into force, creating an elaborate system of rules for digital services, such as social media or online marketplaces. The DSA gives individuals due process and transparency rights and imposes a risk management system upon the largest services known as very large online platforms (VLOPs) and search engines (VLOSEs).
A number of platforms designated as VLOPs have filed disputes at the Court of Justice of the European Union against the European Commission to have the designation removed, potentially threatening to undermine the new rights brought in by the DSA and DMA.
DFF funded EISi to cover the legal costs for Martin Husovec to make third-party interventions in a number of these designation disputes. By 2024, Husovec had worked with three different civil society groups to file DSA/DMA designation disputes, all of which were accepted by the court:
- European Information Society Institute (EISi) in a DSA VLOP dispute by Zalando
- Free Software Foundation Europe in a DMA gatekeeper dispute by Apple
- Article 19 in a DSA VLOP dispute by Stripchat (Technius)
The aim of intervening in these disputes was to represent the public interest, ensuring that the CJEU hears the voice of impacted individuals on their digital rights in VLOP designation disputes from the very start.
Applications for third-party interventions drafted by Martin Husovec on behalf of all three NGOs have been accepted by the General Court. This confirmed that NGOs have a broader possibility of standing to intervene, especially under the EU Digital Services Act, than it was previously thought possible.
On 3 September 2025, the General Court of the CJEU rejected Zalando’s dispute claim, accepting the European Commission’s assessment of hybrid services and methodology for designating Zalando as a VLOP. It also rejected an important argument that was attempted by Zalando which could have reduced the applicability of the DSA. This aligns with EISi’s third party intervention which had pushed for the court to dismiss Zalando’s claim.
"platforms designated as VLOPs have filed disputes at the Court of Justice of the European Union against the European Commission to have the designation removed, potentially threatening to undermine the new rights brought in by the DSA and DMA"
Strategic Goals
To ensure that the DSA and DMA have some teeth by increasing transparency and robustness of the designation process through legal precedents in three interrelated areas: a) clarifying legal standing rules for NGOs to intervene in designation cases, b) influencing the early case-law about the scope of VLOPs/VLOSEs (DSA) and gatekeepers (DMA), and c) pushing the European Commission to publish all relevant documents concerning designations.