The decision of the European Commission was based on data on the average monthly number of active users of the Zalando platform in the EU, which according to the EC was over 83 million. This significantly exceeds the threshold of 45 million users, i.e. 10 percent. EU population, defined in DSA as the limit of the platform classification as “very large”.
Zalando argued that this number is overstated and should be about 30 million, if you consider only users using the “Partner Program” program, under which external sellers offer their products – writes the portal Wiadomościoscihandlowe.pl.
However, the Commission decided that Zalando did not provide sufficient data to distinguish between users using different platform segments. As a result, the EC assumed that all users had potential contact with content from external sellers.
The EU court maintained the decision of the European Commission. Zalando meets the “very large platform” criteria
In its judgment of September 3, 2025, the EU court emphasized that Zalando, as Marketplace, meets the definition of the “internet platform” to the extent that it allows the sale of products by external sellers. At the same time, it was noticed that the direct sale of products by Zalando (“Zalando Retail”) is not subject to the same qualification.
According to the Court, the Commission had the right to assume that the entire base of the Zalando platform users could have been in contact with content from external sellers, which justified the platform in the “very large” category.
Zalando also tried to question the provisions of the act on digital services, claiming that they violated the principles of legal certainty, equal treatment and proportionality. The EU court rejected these allegations, indicating that the regulations are crucial for preventing potential threats, such as the sale of illegal or dangerous products that can reach a large number of consumers.
The judgment of the EU court does not close the way to further legal actions. The company may appeal to the Court of Justice of the European Union, but only within the scope of legal issues.
Source: Message
