The European Commission has decided to refer the Czech Republic, Spain, Cyprus, Poland and Portugal to the Court of Justice of the European Union for failing to designate and empower a national digital services coordinator and to lay down rules on penalties for infringements under the Digital Services Regulation [Regulation (EU) 2022/2065].
The Digital Services Regulation requires Member States to designate one or more competent authorities for the supervision and enforcement of the Digital Services Regulation, one of which must be designated as their national digital services coordinator by 17 February 2024. Member States are also obliged to empower such coordinators to carry out their functions under the Digital Services Regulation and to lay down rules on penalties applicable to infringements of that Regulation. Digital Services Coordinators are essential to monitor and enforce the Digital Services Regulation and ensure its uniform application throughout the Union, in cooperation with the Commission.
Poland has not designated or empowered any digital services coordinator to carry out its tasks under the Digital Services Regulation.
Although the Czech Republic, Cyprus, Spain and Portugal have appointed their own digital services coordinators, they have not given them the necessary powers to carry out their tasks under the Digital Services Regulation.
The same Regulation also requires Member States to lay down the rules on penalties applicable to infringements of the Regulation, which none of these Member States have done.
The Commission therefore initiated infringement proceedings by sending letters of formal notice to the Czech Republic, Cyprus, Poland and Portugal on 24 April 2024 and to Spain on 25 July 2024. This was followed by reasoned opinions sent to the Czech Republic, Cyprus and Portugal on 3 October 2024 and to Spain and Poland on 16 December 2024.
As these Member States have failed to take the necessary measures, the Commission has decided to refer them to the Court of Justice of the European Union.
Background
The Digital Services Regulation regulates the provision of online intermediation services in the Union, including online platforms such as marketplaces, social networks, content sharing platforms and app shops. It aims to ensure user safety, protect fundamental rights and create a fair and open online platform environment. The Digital Services Regulation has a system of shared governance between the Commission and the national authorities, namely the digital service coordinators. Together, and in accordance with the division of competences established under the Digital Services Regulation, the Commission and the Digital Service Coordinators ensure that the Digital Services Regulation is properly and consistently applied across the Union.
More information: European Commission
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