CJEU annuls DSA fees for Meta and TikTok

The 2023 supervisory fees for Facebook, Instagram, and TikTok under the DSA are annulled temporarily, citing procedural errors.
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The General Court of the Court of Justice of the EU (CJEU) has annulled the European Commission’s 2023 supervisory fee decisions for Meta’s Facebook, Instagram, and TikTok under the Digital Services Act (DSA).

These platforms, designated as ‘huge online platforms’ (VLOP), were charged annual fees based on their average monthly user base to fund the EU oversight activities.

In 2024, Meta and TikTok filed a legal complaint against the Commission’s decision before the General Court of the CJEU.

The General Court found that the Commission improperly used implementing decisions to apply a key methodology for calculating user numbers, an essential element under the DSA that should have been established via a delegated act. As a result, this procedural misstep led to the annulment of the decisions.

However, the General Court did not dispute the platforms’ obligation to pay the fees. To avoid disruption, it has provisionally upheld the effects of the annulled decisions for up to 12 months.

Last, this gives the Commission time to revise its methodology in line with DSA requirements and issue new decisions.

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