EC Referred Five EU Members to Court over DSA Failures

The European Commission referred five member states to the Court of Justice of the EU. The nations were referred for failing to implement key provisions of the Digital Services Act.

The EC confirmed that Czechia, Spain, Cyprus, Poland, and Portugal had either not designated or failed to empower national Digital Services Coordinators (DSCs), key authorities tasked with supervising and enforcing the DSA. Under the regulation, member states must designate at least one DSC, empower them to carry out their tasks, and set out rules on the penalties for violations.

Poland neglected to appoint and empower a DSC altogether, while the remaining four countries were flagged for appointing coordinators but failing to grant them the legal powers necessary to carry out their roles. In addition, none of the five member states laid down rules on penalties for breaches of the DSA, another core requirement of the regulation.

The watchdog stated it had delivered formal notices to the countries last year, followed by the issuance of reasoned opinions, the second step in formal infringement proceedings under EU law to urge compliance. After no corrective action was taken by the countries, the EC has referred all five member states to the Court of Justice of the EU.

The EC said that DSCs are essential in supervising and enforcing the DSA and in ensuring the uniform application of that regulation across the union, working in cooperation with the commission. The DSA introduced new measures for online platforms to improve user safety, protect fundamental rights, and combat illegal content.