Meta and TikTok Win EU Court Battle Over Flawed DSA Fees

Meta and TikTok won a challenge against EU DSA supervisory fees, with the General Court ruling the calculations flawed due to inaccurate user and revenue data. Fees are annulled but temporarily maintained for recalculation, highlighting tensions in tech regulation. This may reduce future burdens while prompting DSA refinements.
Meta and TikTok Win EU Court Battle Over Flawed DSA Fees
Written by Tim Toole

In a significant setback for European Union regulators, Meta Platforms Inc. and ByteDance Ltd.’s TikTok have successfully challenged the calculation of supervisory fees under the bloc’s Digital Services Act (DSA), forcing a reevaluation of the methodology without immediate refunds. The EU’s General Court ruled on Wednesday that the fees, designed to fund oversight of very large online platforms, were based on flawed assumptions about user numbers and revenue attribution. This decision underscores ongoing tensions between tech giants and Brussels over regulatory costs, as the DSA aims to curb misinformation, illegal content, and other online harms.

The fees, capped at 0.05% of a company’s annual global net income, were introduced in 2023 to cover the European Commission’s monitoring expenses. Meta, which faced a €11 million levy, argued that the calculation improperly included profits from non-EU operations and overestimated its active users. TikTok echoed these concerns, claiming the methodology lacked transparency and fairness. The court agreed, annulling the specific decisions while provisionally maintaining the fees’ effects for up to a year to allow recalculation.

The Broader Implications for Tech Regulation

Industry experts view this as a pyrrhic victory for the companies, as they won’t recover payments yet, but it exposes vulnerabilities in the DSA’s enforcement framework. According to a report from Reuters, the ruling compels regulators to refine their approach, potentially reducing future fees for platforms like Meta’s Facebook and Instagram. This comes amid a wave of DSA-related scrutiny, including investigations into Meta’s child safety measures and ad practices.

TikTok, designated as a very large online platform due to its 45 million-plus EU users, paid around €3.9 million, while Meta’s bill reflected its vast ecosystem. The companies launched their appeals in June 2025 at the General Court in Luxembourg, highlighting what they called “disproportionate” burdens. As detailed in coverage by Euronews, the temporary hold on fee adjustments ensures continuity in oversight, but critics argue it delays accountability.

Reactions from Stakeholders and Market Impact

Reactions on social media platform X (formerly Twitter) have been mixed, with posts from users like those aggregated in recent searches praising the decision as a check on overreaching regulation, while others decry it as tech firms dodging responsibility. One X post from a business news account noted the ruling’s potential to inspire similar challenges from other platforms, reflecting sentiment that EU rules are inconsistently applied.

Financially, the decision had minimal immediate stock impact, with Meta shares dipping slightly in after-hours trading. Analysts at CNBC suggest this could embolden companies to contest other DSA elements, such as content moderation requirements. The EU Commission, in a statement, vowed to comply and recalculate swiftly, emphasizing the fees’ role in protecting users from systemic risks.

Evolving EU-Tech Dynamics and Future Challenges

This case fits into a pattern of legal skirmishes, including Meta’s prior fines for data privacy violations and TikTok’s battles over algorithmic transparency. As reported in Social Media Today, the ruling may prompt revisions to how user metrics are estimated, potentially benefiting smaller platforms unfairly lumped with giants.

Looking ahead, the General Court’s expected full judgment in 2026 could set precedents for fee structures under other regulations like the Digital Markets Act. For industry insiders, this highlights the need for precise, equitable regulatory tools amid growing platform power. Meanwhile, consumer groups worry that prolonged disputes could undermine the DSA’s goals, leaving users exposed to unchecked online harms. Regulators now face the task of balancing fiscal recovery with robust enforcement, as tech firms continue to navigate an increasingly stringent European environment.

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