Finance
Zalando turns to EU top court in fight over online content rules
Published by Global Banking & Finance Review®
Posted on November 13, 2025
2 min readLast updated: January 21, 2026
Global Banking & Finance Review®
Company
Published by Global Banking & Finance Review®
Posted on November 13, 2025
2 min readLast updated: January 21, 2026
Zalando is appealing to the EU Court of Justice against its classification as a VLOP under the Digital Services Act, arguing the ruling impacts many industries.
By Foo Yun Chee
BRUSSELS (Reuters) -Zalando, Europe's biggest online fashion retailer, on Thursday took its fight against EU online content rules to Europe's highest court, saying that a lower tribunal had erred in throwing out its challenge.
Zalando had sued the European Commission after it was designated as a very large online platform (VLOP) under the Digital Services Act (DSA) in the same group as Alphabet's Google and Meta and subject to onerous requirements.
The Luxembourg-based General Court in September rejected its argument that it is a hybrid service which sells its own products as well as those provided by partners, making it different from other online giants.
"The General Court's ruling creates an overly broad and incorrect interpretation of what third party content is, impacting many industries across Europe's economic landscape," Zalando said in its appeal to the EU Court of Justice (CJEU).
It said such a broad interpretation would subject nearly every online service, from media, to supermarkets and tourism to the DSA's rules.
The appeal also argued that the lower tribunal has unfairly flipped the burden of proof by forcing VLOPs to prove they should not have been classified as such in the first place.
The company said the tribunal uses a flawed definition for counting active recipients of the service which decides whether a company is a VLOP or not.
(Reporting by Foo Yun CheeEditing by Mark Potter)
The Digital Services Act is a regulation by the European Union aimed at creating a safer digital space by establishing rules for online platforms regarding content moderation and user safety.
A very large online platform (VLOP) is defined under the Digital Services Act as an online service that reaches a significant number of users, subject to stricter regulations.
The burden of proof is the obligation to provide evidence to support one's claims or arguments in a legal proceeding, determining who must prove a fact.
A legal appeal is a request made to a higher court to review and change the decision of a lower court, often based on claims of legal error.
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