The European Commission has decided to refer Czechia, Spain, Cyprus, Poland, and Portugal to the Court of Justice of the European Union. These countries failed to designate and/or empower a national Digital Services Coordinator (DSC) and to establish rules for penalties applicable to violations under the Digital Services Act (DSA - Regulation 2022/2065).
The DSA requires Member States to appoint one or more competent authorities for the supervision and enforcement of the DSA by 17 February 2024, and to designate one as their national DSC. Member States must also empower their DSCs to perform their tasks under the DSA and establish rules on penalties for infringements of that Regulation. DSCs are essential in supervising and enforcing the DSA and ensuring its uniform application across the Union, working in cooperation with the Commission.
Poland failed to appoint and empower the DSC to perform its tasks under the DSA.
Although Czechia, Cyprus, Spain, and Portugal appointed a DSC, they have not granted them the necessary powers to perform their tasks under the DSA.
The DSA also requires Member States to establish rules on penalties for infringements of that Regulation, which all the aforementioned Member States have failed to do.
Therefore, the Commission opened infringement procedures by sending formal notices to Czechia, Cyprus, Poland, and Portugal on 24 April 2024, and to Spain on 25 July 2024. This was followed by reasoned opinions to Czechia, Cyprus, and Portugal on 3 October 2024, and to Spain and Poland on 16 December 2024.
Since the Member States have not taken the necessary measures, the Commission has decided to refer them to the Court of Justice of the European Union.
Background
The Digital Services Act (DSA) regulates the provision of online intermediary services in the Union, including online platforms like marketplaces, social networks, content-sharing platforms, and app stores. It aims to ensure user safety in the digital space, protect fundamental rights, and create a fair and open online platform environment. The DSA has a shared governance system between the Commission and national authorities, namely the Digital Services Coordinators (DSCs). Together, and in compliance with the distribution of competences established under the DSA, the Commission and the DSCs ensure the DSA is properly and consistently enforced throughout the Union.
For More Information
Infringement decisions database
Infringement procedure Czechia (INFR(2024)2039)
Infringement procedure Spain (INFR(2024)2165)
Infringement procedure Cyprus (INFR(2024)2016)
Infringement procedure Poland (INFR(2024)2041)
Infringement procedure Portugal (INFR(2024)2038)