BRUSSELS, April 17 (Reuters) - German online fashion
retailer Zalando has challenged a supervisory fee
aimed at covering EU regulators' costs of monitoring compliance
with new European Union tech rules, the third company to take EU
tech enforcers to court on the matter.
The Digital Services Act (DSA) obliges 20 very large online
platforms and two very large online search engines to pay the
annual charge capped at 0.05% of their annual worldwide net
income.
The size of the annual fee is related to the number of
average monthly active users for each company, the higher the
number of users the higher the fee, and whether it posts a
profit or loss in the preceding financial year.
Zalando said it disagreed with the European Commission's fee
calculation methodology and wants more transparency on this.
It said the regulator had determined its fee based on 47.5
million monthly active users while it designated Zalando as a
very large online platform based on 83 million monthly visitors.
It had twice asked for clarity from the Commission but both
requests were denied.
"While with this claim we are not contesting the amount of
the fee itself, we believe that without clear and transparent
information on the calculation method used, we cannot verify its
accuracy or fairness," its general counsel Lena Wallenhorst said
in a statement.
The Commission defended its methodology.
"When it comes to Zalando's access to document request,
the Commission shared in due time with Zalando the datasets
underpinning the calculation of the fee to be paid by Zalando,"
a spokesperson said.
Meta Platforms ( META ) and TikTok have also challenged the
supervisory fee.
Zalando last year sued the Commission for labelling it as a
very large online platform subject to the DSA.