Art. 82 Requests for access restrictions and cooperation with national courts | DSA regulation | DSA

This article serves as a last-resort escalation mechanism, building directly on the enforcement powers established in Article 51(3).

It activates only when the Commission has exhausted all available powers under the Section dealing with very large online platforms and very large online search engines, yet the infringement persists and causes serious harm.

In that scenario, the Commission can call on the Digital Services Coordinator of establishment to step in and use its national-level powers.

The article also addresses the Commission's ability to participate in relevant judicial proceedings, and sets boundaries on how national courts must behave when Commission decisions are already in play.

Important points:

The Commission can only trigger this mechanism after all other enforcement powers have been exhausted and serious harm is ongoing — it is explicitly a measure of last resort.
Before requesting the Digital Services Coordinator of establishment to act, the Commission must invite interested parties to submit written observations, with a minimum period of 14 working days.
National courts must not issue decisions that contradict an existing Commission decision on the same matter under this Regulation, and must avoid conflicting with decisions the Commission is in the process of making.

1. Where all powers pursuant to this Section to bring about the cessation of an infringement of this Regulation have been exhausted, the infringement persists and causes serious harm which cannot be avoided through the exercise of other powers available under Union or national law, the Commission may request the Digital Services Coordinator of establishment of the provider of the very large online platform or of the very large online search engine concerned to act pursuant to Article 51(3).
2. Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a period that shall not be less than 14 working days, describing the measures it intends to request and identifying the intended addressee or addressees thereof.
1. Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to the competent judicial authority referred to Article 51(3). With the permission of the judicial authority in question, it may also make oral observations.
2. For the purpose of the preparation of its observations only, the Commission may request that judicial authority to transmit or ensure the transmission to it of any documents necessary for the assessment of the case.
1. When a national court rules on a matter which is already the subject matter of a decision adopted by the Commission under this Regulation, that national court shall not take any decision which runs counter to that Commission decision. National courts shall also avoid taking decisions which could conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, a national court may assess whether it is necessary to stay its proceedings. This is without prejudice to Article 267 TFEU.

Article 82 Requests for access restrictions and cooperation with national courts

Relevant recitals