On 27 June 2023, Zalando, a German e-commerce platform, filed a claim before the Court of Justice of the European Union (CJEU) against the European Commission, seeking the annulment of the Commission's decision of 25 April 2023 designating the company as a “Very Large Online Platform” under the Digital Services Act (DSA). Zalando contests the designation claiming that the company is not a hosting service nor an online platform within the meaning of the DSA since it lacks the necessary provision of third-party content. Zalando claims that it provides its own content through the sale of its products and has also fully adopted the content of its partners through a strict onboarding process. In addition, Zalando stated that even if part of the service qualified as an online platform, it does not reach the threshold of 45 million monthly active users. Furthermore, the company argues that the European Commission did not take into account the retail nature of its business model and that it does not present a systemic risk of disseminating harmful or illegal content from third parties.
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