European Union: General Court issued ruling annulling European Commission’s decision setting Meta’s supervisory fee under Digital Services Act

On 10 September 2025, the General Court annulled the European Commission’s decision setting Meta’s supervisory fee under the Digital Services Act. The Court ruled that the Commission had unlawfully used an implementing act to establish the methodology for calculating average monthly active recipients, which should have been adopted through a delegated act, as it concerned an essential element of the fee system. While upholding Meta’s challenge, the Court maintained the effects of the annulled decision for up to 12 months to safeguard the continuity of supervisory fee collection, and ordered the Commission to bear the costs.