Zalando challenged the Commission’s designation of its platform as a “very large online platform” (VLOP) under Article 33(4) of the Digital Services Act (DSA) (Regulation (EU) 2022/2065). Zalando argued that only its “Partner Program” segment (with third-party sellers) qualifies as an “online platform” under the DSA, and thus the number of active users should be below the 45 million threshold. The Commission disagreed, including both Zalando Retail and Partner Program users in its count (83.3 million), triggering enhanced obligations under the DSA. The applicant also invoked the illegality of Articles 33(1) and (4) DSA, claiming breach of legal certainty, equal treatment, and proportionality, and challenged the underlying concept of “active user.” The Court dismissed all claims, confirmed the interpretation of “active user” to include exposure to any third-party content on the platform, and upheld the Commission’s designation.