The case concerns the annulment of Commission Implementing Decision C(2023) 8176, which determined the supervisory fee for Facebook and Instagram for 2023 under the Digital Services Act (Regulation (EU) 2022/2065). Meta Platforms Ireland challenged the Commission’s method of calculating the “average monthly active recipients” (AMAR), which was used to set the fee. The General Court found that the Commission unlawfully introduced a detailed methodology for calculating AMAR via an implementing act, even though such methodology should have been adopted via a delegated act under Article 43(4) DSA. As this methodology was a key element of the fee calculation, the Court held that the Commission violated the legal basis and institutional balance by circumventing the delegated powers procedure. The contested decision was annulled, but its effects were temporarily maintained for up to 12 months to ensure legal certainty and continuity of supervision under the DSA.

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