European Union: Court of Justice of the European Union dismissed appeal against suspension of advertising transparency obligations in EU DSA designation of XVideos

On 25 February 2025, the Court of Justice of the European Union dismissed an appeal by WebGroup Czech Republic against an order of the General Court denying interim relief concerning the designation of XVideos as a very large online platform under Article 33(4) of the Digital Services Act (Regulation (EU) 2022/2065). WebGroup had requested the suspension of obligations under Article 39 of the Regulation, which requires very large online platforms to publish a repository of online advertisements, arguing that compliance could deter advertisers and threaten XVideos’ financial viability. The General Court found that, while urgency and a prima facie case existed, the EU legislature’s interest in transparency outweighed the company's private interests. The Court of Justice upheld this finding, ruling that WebGroup had not demonstrated irreparable harm or discrimination and ordered it to pay the costs. The underlying annulment action against the Commission's designation decision remains pending before the General Court.