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Case T-1077/23: Judgment of the General Court of 17 July 2024 – Bytedance v Commission (Digital services – Regulation (EU) 2022/1925 – Designation of gatekeepers – Online social networking service – Article 3(1), (2) and (5) of Regulation 2022/1925 – Requirements – Presumptions – Rebuttal of the presumptions – Rights of the defence – Equal treatment)
ECLI:EU:UNKNOWN:62023TA1077
62023TA1077
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Official Journal of the European Union
C series
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C/2024/5325
(Case T-1077/23)
(Digital services - Regulation (EU) 2022/1925 - Designation of gatekeepers - Online social networking service - Article 3(1), (2) and (5) of Regulation 2022/1925 - Requirements - Presumptions - Rebuttal of the presumptions - Rights of the defence - Equal treatment)
(C/2024/5325)
Language of the case: English
Parties
Applicant: Bytedance Ltd (George Town, Cayman Islands) (represented by: E. Batchelor, N. Baeten and M. Frese, lawyers)
Defendant: European Commission (represented by: O. Gariazzo, M. Mataija, I. Rogalski and C. Sjödin, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2023) 6102 final of 5 September 2023 designating ByteDance as a gatekeeper in accordance with Article 3 of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ 2022 L 265, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bytedance Ltd to pay the costs, including those relating to the proceedings for interim measures.
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OJ C C/2024/476, 3.1.2024.
ELI: http://data.europa.eu/eli/C/2024/5325/oj
ISSN 1977-091X (electronic edition)
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