European Union: Court of Justice dismissed Aylo appeal 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 6 September 2024, the Vice-President of the Court of Justice of the European Union dismissed Aylo Freesites Ltd’s appeal against the General Court’s interim decision concerning the designation of Pornhub as a very large online platform under the EU Digital Services Act (DSA). The Court upheld the requirement for Pornhub to comply with Article 39 of the DSA, including the obligation to maintain a public advertisement repository. Aylo had sought suspension of the decision, arguing that disclosing the identities of individuals advertising on its platform could expose them to risks such as harassment. The Court found that Aylo had not demonstrated sufficient evidence of serious and irreparable harm and concluded that the interim relief was not justified.