European Union: Issued interim ruling in lawsuit challenging designation as very large platform and disclosure of user identities in advertisement repository under the EU DSA (Aylo Freesites v European Commission)

On 2 July 2024, the General Court issued a ruling in the lawsuit filed by Aylo Freesites, the parent company of Pornhub, against the European Commission, challenging its designation as a very large platform and disclosure of user identities in advertisement repository under the EU Digital Services Act (DSA). The lawsuit contests Pornhub's designation as a very large platform under DSA and Article 39 of the DSA, which requires providers of very large online platforms to compile and make publicly available a repository of advertisement information. Aylo argued that this disclosure would cause serious and irreparable harm to its business, including potential loss of advertising revenue and damage to its competitive position, particularly due to the risk of sensitive commercial information being exposed. However, the Court found that Pornhub's claims were not supported by specific and detailed evidence, particularly regarding the extent and irreversibility of the alleged harm. The Court acknowledged the urgency of the matter but determined that the EU's interest in enforcing transparency and regulatory oversight, especially concerning online advertising, outweighed Aylo's concerns. The Court concluded that the balance of interests favoured the immediate application of the regulation, dismissing the application for interim measures.