Official Journal of the European Union

EN

C series

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C/2025/2094

14.4.2025

(Case T-89/25)

(C/2025/2094)

Language of the case: English

Parties

Applicant: Meta Platforms Ireland Ltd (Dublin, Ireland) (represented by: A. Komninos, G. Forwood, I. Sarmas and H. Gafsen, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—uphold the First and Second Pleas, and declare Article 5(2), second sentence, and Article 5(4) of Delegated Regulation (EU) 2023/1127 ( supplementing Regulation (EU) 2022/2065 of the European Parliament and of the Council with the detailed methodologies and procedures regarding the supervisory fees charged by the Commission on providers of very large online platforms and very large online search engines (‘SFR’) inapplicable with respect to the applicant and therefore annul the contested decision;

—uphold the Third, Fourth, Fifth, and Sixth Pleas, and annul the contested decision;

—pursuant to Article 88 of the Rules of Procedure, order the measures of organisation requested in the Third Plea insofar as the Court considers this necessary; and

—order the European Commission to bear the applicant’s costs and expenses in connection with these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.

First plea in law, alleging that the contested decision was wrong to calculate the maximum overall limit of the applicant’s fee by reference to the worldwide profits of Meta Platforms, Inc. on the basis of the second sentence of Article 5(2) SFR, as that provision infringes Article 43(4) and (5) DSA and Article 290(1) TFEU and must therefore be declared inapplicable pursuant to Article 277 TFEU.

Second plea in law, alleging that the contested decision was wrong to charge the applicant with a part of the so-called ‘residual amounts’ that were not charged to other providers as a result of the application of the cap on their supervisory fees, on the basis of the mechanism set out in Article 5(4) SFR, as that provision infringes Article 43(5)(b) DSA, Article 290(1) TFEU, the principle of proportionality, and the principle of equal treatment and must therefore be declared inapplicable pursuant to Article 277 TFEU.

Third plea in law, alleging that the contested decision is vitiated by an infringement of the applicant’s right to be heard with respect to the calculation of the so-called ‘residual amounts’ and the methodology in relation to average monthly active recipients (‘AMARs’).

Fourth plea in law, alleging that the Contested Decision is vitiated by a lack of reasoning with respect to the AMAR methodology.

Fifth plea in law, alleging that the methodology to calculate AMARs in the contested decision is erroneous and infringes Articles 290(1) and 291(2) TFEU, Articles 33(3), 43(4), and 87 DSA, and the principle of proportionality.

Sixth plea in law, alleging that that the calculation of the Applicant’s supervisory fee is erroneous and infringes Article 43(5)(b) and (c) DSA.

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Application to the General Court of the European Union, pursuant to Article 263 TFEU, for the annulment of Implementing Decision C(2024) 8470 final of the European Commission of 27 November 2024 determining the supervisory fee applicable to Facebook and Instagram pursuant to Article 43(3) of Regulation (EU) 2022/2065 of the European Parliament and of the Council (‘Contested Decision’).

Commission Delegated Regulation (EU) 2023/1127 of 2 March 2023 supplementing Regulation (EU) 2022/2065 of the European Parliament and of the Council with the detailed methodologies and procedures regarding the supervisory fees charged by the Commission on providers of very large online platforms and very large online search engines (OJ 2023, L 149, p. 16)

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (‘DSA’) (OJ 2022 L 277, p. 1).

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ELI: http://data.europa.eu/eli/C/2025/2094/oj

ISSN 1977-091X (electronic edition)

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