Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 81 Review by the Court of Justice of the European Union
Summary What does Article 81 of the DSA regulation say?
This brief article establishes the judicial oversight mechanism for financial penalties imposed by the Commission on providers of very large online platforms and very large online search engines.
It directly connects to Articles 74 and 76, which grant the Commission the power to impose fines and periodic penalty payments, by confirming that those decisions are not beyond challenge.
The Court of Justice of the European Union is given full authority to scrutinise such decisions, and crucially, that authority extends beyond simply annulling a decision — the Court can actively adjust the penalty amount in either direction.
Important points:
- The Court of Justice of the European Union has unlimited jurisdiction to review Commission decisions on fines and periodic penalty payments.
- The Court is not limited to cancelling a penalty — it may cancel, reduce, or increase the amount imposed.
- This article acts as a judicial check on the Commission's enforcement powers established elsewhere in the regulation.
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 of the European Union 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.
Relevant recitals
Recital 144 Fines and periodic penalty payments
Compliance with the relevant obligations imposed under this Regulation should be enforceable by means of fines and periodic penalty payments. To that end, appropriate levels of fines and periodic penalty payments should also be laid down for non-compliance with the obligations and breach of the procedural rules, subject to appropriate limitation periods in accordance with the principles of proportionality and ne bis in idem. The Commission and the relevant national authorities should coordinate their enforcement efforts in order to ensure that those principles are respected. In particular, the Commission should take into account any fines and penalties imposed on the same legal person for the same facts through a final decision in proceedings relating to an infringement of other Union or national rules, so as to ensure that the overall fines and penalties imposed are proportionate and correspond to the seriousness of the infringements committed. All decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European Union in accordance with the TFEU. The Court of Justice of the European Union should have unlimited jurisdiction in respect of fines and penalty payments in accordance with Article 261 TFEU.
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