Digital Markets Act: General Court annuls decision designating Meta as gatekeeper as regards Marketplace

In a decision of today the General Court of the EU annuls the decision of EU Commission designating Meta as a gatekeeper as regards Marketplace. At the same time, it maintains Meta’s designation for its interpersonal communications service Messenger.

With its judgment today, the General Court of the European Union annuls the decision designating Meta as a gatekeeper as regards Marketplace, while maintaining Meta’s designation for its interpersonal communications service Messenger.

As regards Marketplace, in the first place, the General Court observes that the legality of an EU act must be assessed on the basis of the facts and the law as they stood at the time when the measure was adopted. It finds that the Commission, in its assessment of the classification of Marketplace as a core platform service that is an online intermediation service, erred in law since it had considered that it could rely solely on data concerning the last three years preceding designation, without taking account of changes made at the end of July 2023.

Secondly, the decision of the Commission does not satisfy the requirements in terms of reasoning as regards Marketplace, in that it allows neither Meta to understand the reasons for its classification as a core platform service that is an online intermediation service nor the Courts of the European Union to exercise their power of review.

More details to be found in the press release No. 77/26 of 3 June 2026. - The full text of the judgment is available here.