The case concerns the annulment of Commission Implementing Decision C(2023) 8173, which determined the supervisory fee for TikTok for the year 2023 under the Digital Services Act (DSA, Regulation (EU) 2022/2065). TikTok challenged the Commission’s use of a common methodology to calculate the number of average monthly active recipients (AMAR), which was used to apportion supervisory fees among designated very large online platforms (VLOPs). The General Court found that the Commission unlawfully adopted this methodology via an implementing act instead of using the delegated act procedure required under Article 43(4) DSA. As this methodology formed a core part of the fee determination, the Court annulled the decision. However, to preserve legal certainty and allow the Commission time to adopt a lawful delegated act, the effects of the annulled decision were maintained for up to 12 months after the judgment becomes final.

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