Zalando contested this classification
The online retailer argued that the number of active users exposed to information from third-party sellers on its platform was lower than the Commission’s figures suggested However, the Court found that Zalando failed to substantiate which users were actually exposed to this third-party seller information, upholding the Commission’s calculations, which estimated over 83 million active users
Furthermore, the Court rejected Zalando’s arguments that the provisions of the Digital Services Act violated the principles of legal certainty, equal treatment and proportionality The ruling emphasized that online marketplaces with substantial user bases have the potential to disseminate dangerous or illegal products (Case T-348/23)
