European Union: General Court of the European Union issued ruling designating Amazon Store as very large online platform under Digital Services Act (T-367/23)

On 19 November 2025, the General Court of the European Union issued its judgment in Case T-367/23, Amazon EU v Commission, dismissing Amazon's action seeking annulment of the Commission's designation of the Amazon Store platform as a very large online platform under the Digital Services Act (DSA). The Court ruled that the designation criteria set out in Article 33 and the related systemic risk management obligations outlined in Articles 34 to 43 of the DSA, which among others incorporate non-profiling recommender options, an advertising repository and the vetting of researcher access, are justified, proportionate and compatible with fundamental rights. It is argued that these measures are intended to address systemic risks arising from illegal content and their impact on fundamental rights, including consumer protection. In particular, the Court emphasised the specific position of large e-commerce marketplaces, which concentrate a very high number of consumers and traders and, by intermediating between them, can facilitate the dissemination of illegal content at scale, so that they may be subjected to stricter systemic-risk obligations than individual retailers without infringing the principle of equal treatment. The Court determined that, despite the substantial costs and complex technical solutions associated with these obligations, they do not fundamentally impact the essence of the freedom to conduct business. Moreover, the court dismissed claims pertaining to restrictions on the right to property, the principle of equality, the freedom of expression and information, and the right to private life and the protection of confidential information. Consequently, the court dismissed the action in its entirety, and Amazon retains the right to appeal, limited to points of law, before the Court of Justice of the European Union within 2 months and 10 days of notification of the judgment.