European Union: Meta Platforms filed lawsuit challenging European Commission's supervisory fees under Digital Services Act

On 5 February 2024, Meta Platforms Ireland filed a lawsuit against the European Commission challenging Implementing Decision C(2023) 8176, which set the supervisory fee for Facebook and Instagram under the Digital Services Act. Meta contends that the Commission erred by calculating the fee based on Meta Platforms, Inc.’s worldwide profits and applying the average monthly active recipients methodology for residual amounts. Meta claims that this approach breaches several Digital Services Act provisions, including the principle of proportionality and its right to be heard. Meta seeks annulment of the decision as well as declarations that Articles 5(2) and 5(4) of the Supervisory Fee Regulation, detailing the structure of the supervisory fee the inclusion of previous fee period amounts are inapplicable to it.