Art. 39 Cooperation with national courts | DMA regulation | DMA

This article governs the relationship between national courts and the Commission when it comes to applying the Digital Markets Act.

It establishes a two-way channel of communication and cooperation, ensuring that national judicial proceedings remain aligned with the Commission's role as the sole enforcer of this Regulation.

The article connects directly to the broader enforcement framework of the DMA, reinforcing that national courts cannot undermine Commission decisions or ongoing proceedings.

Important points:

National courts are bound by Commission decisions and must avoid rulings that would conflict with decisions the Commission is in the process of making, including the option to stay their own proceedings.
Member States are required to forward copies of any national court judgments on the application of this Regulation to the Commission without delay.
The Commission may submit written observations to national courts on its own initiative, and oral observations with the court's permission, to ensure coherent application of the Regulation.

1. In proceedings for the application of this Regulation, national courts may ask the Commission to transmit to them information in its possession or its opinion on questions concerning the application of this Regulation.
1. Member States shall forward to the Commission a copy of any written judgment of national courts deciding on the application of this Regulation. Such copy shall be forwarded without delay after the full written judgment is notified to the parties.
1. Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to national courts. With the permission of the court in question, it may also make oral observations.
1. For the purpose of the preparation of their observations only, the Commission may request the relevant national court to transmit or ensure the transmission to the Commission of any documents necessary for the assessment of the case.
1. National courts shall not give a decision which runs counter to a decision adopted by the Commission under this Regulation. They shall also avoid giving decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, the national court may assess whether it is necessary to stay its proceedings. This is without prejudice to the possibility for national courts to request a preliminary ruling under Article 267 TFEU.