BRUSSELS — Europe’s second-highest court delivered a mixed verdict to Meta Platforms on Wednesday. The General Court upheld the European Commission’s designation of Messenger as a gatekeeper under the Digital Markets Act. Yet it struck down the same label for the company’s Marketplace service.
The decision arrives as Meta continues years of regulatory battles across the continent. From record privacy fines to disputes over data transfers and advertising practices, the social media giant has poured resources into appeals. This latest case tested how strictly regulators must justify their calls on what counts as a digital choke point.
Judges ruled that the Commission did not err when it found Messenger functions as an important gateway for businesses to reach users. “The Commission did not err in finding that Messenger individually is an important gateway,” they wrote, according to Reuters. That status triggers a list of obligations. Companies must open their systems to rivals. They face limits on how they combine data across services. Noncompliance carries fines up to 10% of global revenue. Repeat offenses can reach 20%.
But on Marketplace the court took a different view. The Commission failed to adequately explain its reasoning. It did not sufficiently account for changes in user numbers or provide concrete evidence on how the classified ads feature locked in business users. The designation was annulled. The ruling carries limited practical weight. Regulators had already removed Marketplace from the gatekeeper list in 2025 after Meta’s adjustments pushed it below required thresholds. Still the finding lands as a procedural rebuke.
Meta welcomed the split outcome. “We welcome the Court’s judgment on Marketplace, which confirms that it should not have been designated in the first place,” a company spokesperson said. “We are reviewing the Court’s finding on Messenger and will consider our options.” The statement, reported across outlets including Yahoo Finance, signals the fight may not end here. Meta can appeal to the Court of Justice of the European Union.
The case, formally T-1078/23, stems from the Commission’s September 2023 decision naming Meta a gatekeeper for its core platform, Facebook, plus Messenger and Marketplace. The DMA, which became applicable in 2023, targets a handful of the largest tech firms. It aims to open markets that critics say have grown too concentrated. Alphabet, Amazon, Apple, ByteDance and Microsoft also carry the label for various services.
This partial loss for regulators marks one of several recent court checks on Brussels’ approach. In September 2025 the same General Court backed the EU-US Data Privacy Framework against challenges, according to Reuters. That framework lets companies move personal data across the Atlantic under new safeguards following earlier invalidations by the top EU court.
Yet privacy pressure on Meta has hardly eased. Irish regulators hit the company with a 1.2 billion euro fine in 2023 for transferring European user data to the United States without adequate protections. The European Data Protection Board drove that decision after finding systematic, repetitive violations. Meta appealed but the penalty underscored deep transatlantic tensions over surveillance laws. The Wall Street Journal called it a record privacy penalty at the time.
More fights loom over advertising. In early 2026 Meta challenged an emergency order from regulators that could force changes to how it uses personal data for targeted ads. The company argued officials acted too hastily. Hearings revealed judges themselves expressed puzzlement over the scope of review. A decision has not yet landed. Courthouse News Service detailed the arguments and their potential to reshape industry practices.
Observers see the Messenger-Marketplace ruling as a signal rather than a seismic shift. It forces the Commission to tighten its explanations when designating services. That could slow future enforcement but also produce more durable decisions. For Meta the win on Marketplace buys breathing room on one product line. The loss on Messenger keeps pressure on its messaging business, which faces demands to interoperate with competitors.
The broader pattern shows no quick resolution. Meta has challenged its gatekeeper label, contested data transfer rules, and fought fines tied to consent for personalized ads. Each case adds layers to the legal precedent shaping Europe’s tech oversight. Companies must document user thresholds with precision. Regulators must spell out their logic with care.
And the stakes extend beyond fines. Gatekeeper status affects product design, partnership strategies, and data architecture. A service labeled as dominant cannot easily bundle offerings or use data from one platform to advantage another. These constraints aim to foster competition. They also raise questions about innovation speed and consumer choice.
Meta’s experience illustrates the cost of operating at scale in Europe. Billions in penalties. Constant legal teams. Product changes that differ by region. Yet the company retains enormous reach. Its platforms still serve as primary channels for communication and commerce. The court’s latest word changes the margin of that power. Not the center.
Further appeals seem likely. The Commission may redesignate Marketplace if conditions change. Privacy advocates will watch how data flows evolve under the upheld EU-US framework. Industry executives, meanwhile, parse every paragraph for clues on compliance roadmaps.
One thing remains clear. The legal contest between Meta and European authorities shows no sign of slowing. Wednesday’s ruling adds nuance to the scoreboard. It does not declare a victor.
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