Zalando files legal action against the European Commission to contest its designation as a “Very Large Online Platform” as defined by the Digital Services Act
Zalando files legal action against the European Commission to contest its designation as a “Very Large Online Platform” as defined by the Digital Services Act
On June 27, 2023, Zalando filed a legal claim at the Court of Justice of the European Union (CJEU), contesting its designation by the European Commission, under article 33 of the Digital Services Act (DSA), as a “Very Large Online Platform” obliged to manage systemic risks.
Zalando argues that the European Commission did not take into account the majority retail nature of its business model and that it does not present a ‘systemic risk’ of disseminating harmful or illegal content from third parties. On the contrary, Zalando offers its customers a safe online environment with highly curated products from leading brands and established partners that are thoroughly vetted. The company also contests the unequal treatment resulting from the absence of a clear and consistent methodology to assess whether a company is a “Very Large Online Platform”.
The European Commission is the regulatory entity enforcing obligations pertaining to “Very Large Online Platforms” (VLOP).
Legal reference:
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)