Source: OJ L 265, 12.10.2022, pp. 1–66 · Consolidated textCurrent language: EN
- Digital markets act
Basic legislative acts
- DMA regulation
Article 45 Review by the Court of Justice
Summary What does Article 45 of the DMA regulation say?
This brief but significant article establishes the role of the Court of Justice of the European Union in reviewing financial penalties imposed by the Commission under this Regulation.
It draws directly on Article 261 TFEU to grant the Court unlimited jurisdiction over such decisions, meaning the Court is not merely checking whether the Commission acted lawfully, but can actively intervene on the substance of the penalty itself.
Important points:
- The Court of Justice has unlimited jurisdiction to review Commission decisions imposing fines or periodic penalty payments.
- The Court may cancel, reduce, or increase any fine or periodic penalty payment imposed by the Commission.
- This article connects to Articles 30 and 31, which govern the Commission's power to impose those fines and periodic penalty payments in the first place.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
In accordance with Article 261 TFEU, the Court of Justice has unlimited jurisdiction to review decisions by which the Commission has imposed fines or periodic penalty payments. It may cancel, reduce or increase the fine or periodic penalty payment imposed.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.