Case T-486/24: Action brought on 20 September 2024 – NKL Associates v Commission
Date: 2024-09-20
Institutions: General Court
Subjects: Internet, advertising, confidentiality, data protection, disclosure of information, information storage, personal data, protection of privacy, provision of services, right of establishment, right to property








C_202406660EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6660


11.11.2024






Action brought on 20 September 2024 – NKL Associates v Commission


(Case T-486/24)

(C/2024/6660)
Language of the case: English

Parties


Applicant: NKL Associates s.r.o. (Prague, Czech Republic) (represented by: M. Pinto de Lemos Fermiano Rato and A. Kontosakou, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


partially annul the contested decision (1) in so far as it imposes on the applicant the obligation created by Article 39(1) of the DSA (2) requiring providers of VLOPs that present advertisements on their online interfaces to make publicly available in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in Article 39(2) thereof, for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online interfaces; and










—


declare the partial inapplicability of Article 39 of the DSA in so far as it imposes on the applicant the obligation under Article 39(1) of the DSA requiring providers of VLOPs that present advertisements on their online interfaces to make publicly available in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in Article 39(2) thereof, for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online interfaces; and










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law:
Plea in law, alleging that the obligation imposed on the applicant by Article 39(1) of the DSA to make publicly available a repository containing at least the information listed in Article (39)(2) of the DSA is unlawful in that it breaches the applicant’s and its advertisers’ right to confidentiality, the advertisers’ right to family and private life and their right to protection of their personal data where these are natural persons (Articles 7 and 8 of the Charter) as well as the applicant’s fundamental right to conduct business (Article 16 of the Charter) and its right to property (Article 17 of the Charter).


(1)  Commission Decision (C (2024) 4936) adopted on 10 July 2024 designating XNXX as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).

(2)  Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ 2022, L 277, p. 1).


ELI: http://data.europa.eu/eli/C/2024/6660/oj
ISSN 1977-091X (electronic edition)