European Commission Sues Five Member States for DSA Non-Compliance

Despite formal notices, Cyprus, Spain, Poland, Portugal, and the Czech Republic have not properly designated or empowered their digital services coordinator.

On May 7, 2025, the European Commission announced that it had referred Cyprus, Spain, Poland, Portugal, and the Czech Republic to the Court of Justice of the European Union for failing to comply with the Digital Services Act (DSA). This European legislation, adopted in 2022, strictly regulates the activities of major online platforms.

It notably requires member states to appoint a “Digital Services Coordinator” (DSC), an authority responsible for enforcing the law at the national level. This entity has the power to demand access to data from large platforms and search engines, order inspections, and impose fines. For example, France has designated Arcom (the Regulatory Authority for Audiovisual and Digital Communication) as its DSC.

Poland, however, has not appointed any authority. The other four states have done so but have not granted their DSCs the necessary powers to effectively carry out their duties. The European Commission sent formal notices to the offenders at the end of 2024 and, faced with a lack of effective measures, decided to take legal action.