---
title: "Digital Services Act: Zalando and Amazon contest their qualification as very large online platforms"
id: "2598"
type: "post"
slug: "digital-services-act-zalando-and-amazon-contest-their-qualification-as-very-large-online-platforms"
published_at: "2023-07-28T14:22:16+00:00"
modified_at: "2026-02-19T18:21:30+00:00"
url: "https://www.august-debouzy.com/en/legal-article/digital-services-act-zalando-and-amazon-contest-their-qualification-as-very-large-online-platforms/"
markdown_url: "https://www.august-debouzy.com/en/legal-article/digital-services-act-zalando-and-amazon-contest-their-qualification-as-very-large-online-platforms.md"
taxonomy_category:
  - "Legal Article"
taxonomy_language:
  - "English"
taxonomy_post_translations:
  - "pll_6980d2b2899cc"
taxonomy_tax_expertise:
  - "Distribution and Consumer Law"
---

Summarize with AI

On June 27, 2023, and July 5, 2023, respectively, the German online commerce company, Zalando, and Amazon filed separate lawsuits before the **Court of Justice of the European Union**. The lawsuits aimed to challenge the decisions of the European Commission, which categorized them as **very large online platforms** under Article 33 of the Digital Services Act.

Zalando disputes the classification, asserting that it does not meet the criteria for such categorization and does not pose a systemic risk in terms of disseminating illegal content. The company also argues that the European Commission misunderstood the criterion of the number of users and failed to take into account Zalando’s **retail-oriented** business model. Moreover, Zalando accuses the European Commission of lacking transparency and coherence in the decision-making process that led to its inclusion on this list (Case T-348/23: Zalando vs. Commission).

On the other hand, Amazon contends that the Digital Services Act was designed to address systemic risks posed by very large companies primarily reliant on advertising revenue and involved in disseminating speeches and information. Amazon claims that this description does not apply to its operations, as the majority of its revenues come from **retail activities**. Furthermore, Amazon argues that it is not the largest retailer in the European countries where it operates, thus leading to an unfair situation (Case T-367/23 – Amazon Services Europe vs. Commission).

Share

- Linkedin
- Copy Link

Summarize with AI

### Practice Area

1

- [Distribution and Consumer Law](https://www.august-debouzy.com/en/tax-expertise/distribution-and-consumer-law/)

## Discover more content that might interest you

News

[05/06/23 Deal 2 min August Debouzy acted for Argos Wityu during the exclusive talks for the acquisition of TKH France, a leading French provider of value-added connectivity solutions and products. Argos Wityu signed an exclusive agreement with TKH Group, a technology company listed on Euronext Amsterdam in the Netherlands, to acquire the majority of Read more](https://www.august-debouzy.com/en/deal/august-debouzy-acted-for-argos-wityu-during-the-exclusive-talks-for-the-acquisition-of-tkh-france-a-leading-french-provider-of-value-added-connectivity-solutions-and-products/)
[20/03/23 Legal Article 11 min Mergers that do not meet the thresholds can be controlled, after their completion, on the basis of abuse of dominant position Mergers that do not meet the thresholds can be controlled, after their completion, on the basis of abuse of dominant position On 16 March 2023, the Cour Read more](https://www.august-debouzy.com/en/legal-article/mergers-that-do-not-meet-the-thresholds-can-be-controlled-after-their-completion-on-the-basis-of-abuse-of-dominant-position/)
[08/03/23 Insight 6 min Commercial relationships during times of uncertainty ? Read more](https://www.august-debouzy.com/en/insight/commercial-relationships-during-times-of-uncertainty/)