Commission v Czech Republic — Digital Services Act Infringement Action

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Case C-168/26: Action brought on 4 March 2026 – European Commission v Czech Republic

OJ C, C/2026/2219, 27.4.2026, ELI: http://data.europa.eu/eli/C/2026/2219/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2026/2219/oj

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| | Official Journal
of the European Union | EN

C series |

| | C/2026/2219 | 27.4.2026 |
Action brought on 4 March 2026 – European Commission v Czech Republic

(Case C-168/26)

(C/2026/2219)

Language of the case: Czech

Parties

Applicant: European Commission (represented by: O. Gariazzo and K. Walkerová, acting as Agents)

Defendant: Czech Republic

Form of order sought

The Commission claims that the Court should:

| — | declare that, as of 3 January 2025, the Czech Republic has not fulfilled its obligations pursuant to Articles 51 and 52 of Regulation (EU) 2022/2065; and |

| — | order the Czech Republic to pay the costs. |
Pleas in law and main arguments

Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (1) lays down rules whereby Member States must provide their Digital Services Coordinator with the powers needed to carry out its tasks under that regulation and establish rules concerning penalties applicable to infringements thereof.

Member States play a key role in implementing and monitoring compliance with Regulation (EU) 2022/2065. In particular, the Member State in which the main establishment of the provider of intermediary services is located has, with respect to that provider, exclusive powers to supervise Regulation (EU) 2022/2065 and enforce the obligations arising therefrom, with the exception, (i), of the exclusive powers of the Commission to supervise and enforce Section 5 of Chapter III thereof against providers of very large online platforms and of very large online search engines, and, (ii), of the powers of the Commission where it has initiated proceedings for the same infringement, to supervise and enforce the other obligations under that regulation (namely those which are not laid down in Section 5 of Chapter III) against those very large providers.

Under Article 51(1) to (3) of Regulation (EU) 2022/2065, Digital Services Coordinators must, in order to exercise their functions in accordance with that regulation, have the necessary powers to investigate, enforce and adopt the measures laid down therein. In accordance with Article 51(6) of Regulation (EU) 2022/2065, Member States must, inter alia, lay down the specific conditions and procedures for the exercise of the powers pursuant to Article 51(1) to (3) of that regulation.

Article 52 of Regulation (EU) 2022/2065 provides that Member States are to lay down the rules on penalties applicable to infringements of that regulation by providers of intermediary services within their competence and are to take all the necessary measures to ensure that they are implemented in accordance with Article 51. Furthermore, Article 52(2) provides that Member States are to notify the Commission without delay of those rules and measures and of any subsequent amendments affecting them. Article 52(3) and (4) of Regulation (EU) 2022/2065 sets out the conditions which the rules on penalties must fulfil.

On 24 April 2024, the Commission sent a letter of formal notice to the Czech Republic. On 3 October 2024 the Commission sent a reasoned opinion to the Czech Republic. However, the Czech Republic has yet to adopt the necessary measures to fulfil its obligations under Articles 51 and 52 of Regulation (EU) 2022/2065, which the Czech authorities do not contest. The Commission therefore, in accordance with Article 258 TFEU, and since the Czech Republic has not taken the required measures to comply with the reasoned opinion, claims that the Court should find that that Member State has not complied with its obligations under Articles 51 and 52 of Regulation (EU) 2022/2065 and order it to pay the costs of the proceedings.

(1) OJ 2022 L 277, p. 1.

ELI: http://data.europa.eu/eli/C/2026/2219/oj

ISSN 1977-091X (electronic edition)

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