On November 19, 2025, the EU General Court dismissed Amazon EU Sàrl’s challenge to the European Commission’s decision designating the Amazon Store as a very large online platform (VLOP). The designation remains in force, so Amazon Store remains subject to the Digital Services Act’s enhanced requirements. The Commission appealed aspects of the judgment, and that appeal was pending as of August 18, 2026.
What the General Court decided
The case concerned the Commission’s April 25, 2023 decision designating the Amazon Store as a VLOP under Article 33(4) of the Digital Services Act (DSA), Regulation (EU) 2022/2065. Amazon EU Sàrl sought to have that designation annulled. The General Court rejected the action in Case T-367/23. The court’s November 19, 2025 announcement and the judgment set out the decision.
Amazon argued that its central activity is retail and marketplace operation, rather than distributing third-party content like a social-media service. It also challenged the burdens and rights implications of the VLOP regime, raising concerns including freedom to conduct a business, property, expression, privacy and data protection, and equal treatment.
The court accepted that the requirements can create costs, organizational changes and technical complexity. It nevertheless concluded that the enhanced obligations were legally provided for, proportionate and justified by the public interest in addressing systemic risks associated with very large platforms, including risks involving illegal content and consumer protection. Recognizing a burden did not mean the court found the designation unlawful.
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What VLOP status means
For this designation framework, a VLOP is an online platform that reaches more than 45 million monthly active recipients in the EU—approximately 10% of the Union’s population. The legal measure is monthly active recipients in the EU, not simply a worldwide user count. VLOPs face obligations beyond the baseline DSA rules, with direct supervision by the European Commission. The Commission’s DSA overview describes the wider framework.
The requirements most relevant to Amazon’s challenge include:
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- Systemic-risk assessment (Article 34): assess risks arising from the service’s design or operation.
- Risk mitigation (Article 35): take reasonable, proportionate and effective measures to address identified risks.
- Recommender systems (Article 38): offer at least one option that is not based on profiling.
- Advertising transparency (Article 39): maintain an advertising repository and make it publicly available.
- Data access (Article 40): provide access to data for regulators and vetted researchers under the conditions set by the DSA.
These duties came from the DSA; the 2025 judgment did not create them or set a new compliance deadline. Amazon’s materials include DSA risk-assessment and audit-related information for its EU Store.
Why the earlier “reprieve” was limited
The headline’s reference to a reprieve reflects a separate interim-relief episode, not a fresh suspension request decided with the merits judgment. The sequence matters:
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- Your favorite music and content – Play music, audiobooks, and podcasts from Amazon Music, Apple Music, Spotify and others or via Bluetooth throughout your home.
- Alexa is happy to help – Ask Alexa for weather updates and to set hands-free timers, get answers to your questions and even hear jokes. Need a few extra minutes in the morning? Just tap your Echo Dot to snooze your alarm.
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- On April 25, 2023, the Commission designated the Amazon Store as a VLOP.
- On September 27, 2023, the General Court temporarily suspended the requirement that Amazon make its advertising repository publicly available. The order did not suspend all DSA duties, and Amazon still had to compile the repository. The interim order summary records the limited scope.
- In March 2024, the Court of Justice set aside that part of the interim order and dismissed Amazon’s application for interim measures, finding that the Commission had not been given a proper opportunity to respond in the earlier proceedings. The Court of Justice announcement explains the procedural outcome.
- On November 19, 2025, the General Court dismissed Amazon’s substantive challenge to the designation.
The General Court and the Court of Justice are distinct courts within the Court of Justice of the European Union: the former issued the 2025 merits judgment, while the latter decided the 2024 interim-relief appeal.
The designation stands, but the litigation continues
The European Commission appealed the General Court’s judgment on January 30, 2026. The appeal is Case C-47/26 P. The Commission challenges aspects of the General Court’s treatment of Articles 34, 35, 38, 39 and 40, including its analysis of whether Amazon had the required direct legal connection to challenge those statutory provisions and whether parts of its reasoning gave sufficient reasons. The appeal notice describes the grounds, and the InfoCuria case listing showed the appeal as pending on August 18, 2026.
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That produces an unusual procedural posture: Amazon lost its main action and did not obtain the practical relief it sought, while the Commission appealed parts of the reasoning in the judgment. The pending appeal means the legal dispute is not definitively over; it does not change the fact that the designation remains in force unless and until the relevant legal position changes.
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The Commission continues to list Amazon EU Sàrl as a designated VLOP under its supervision. The ruling therefore leaves Amazon Store within the enhanced DSA framework, including applicable risk, transparency, audit and data-access requirements. The designation judgment is not itself a fine or the conclusion of a separate enforcement investigation. The Commission’s current designated-platform list identifies Amazon’s status.
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For other marketplaces, the case is a warning against assuming that a retail identity alone prevents VLOP treatment. The relevant questions include whether the service falls within the DSA’s platform definitions and whether it meets the scale threshold. The judgment concerns Amazon Store and does not automatically classify every large retailer or marketplace as a VLOP.
Nor did the decision announce a specific change to consumer terms, a refund program or a product-removal initiative. Any consumer effect would arise indirectly through the transparency, risk mitigation and oversight obligations, rather than through a remedy ordered in this case.
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