Zalando loses its challenge against EU DSA VLOP designation
TMT analysis: On 3 September 2025, the General Court of the European Union delivered the first major judicial interpretation of Regulation (EU) 2022/2065, the EU Digital Services Act (EU DSA) in its dismissal of Zalando’s challenge against its designation as a ‘very large online platform’ (VLOP) under the EU DSA. Zalando’s argument had focussed on the fact that its e-commerce platform is a hybrid service, via which the Berlin-based fashion retailer sells its own products (not an activity regulated by the EU DSA), as well as allowing third-party partners to market products (an activity that is in-scope of the EU DSA). Zalando argued that this means that users who use the platform only to buy directly from Zalando, and not to engage with listings by third-party partners, should not be counted when assessing whether the platform meets the EU DSA’s user number threshold to qualify as a VLOP. This case has captured widespread attention, not only due to its impact on Zalando but also because the decision affects how all in-scope hybrid platform providers should count, and report on, their user numbers, and how likely such providers are to qualify as VLOPs. Written by Catherine O’Callaghan of Slaughter and May.