Social media platform X is contesting the European Commission, filing an appeal on Monday over a £105million penalty imposed under the Digital Services Act (DSA).
The case, formally titled X vs the European Commission, represents an unprecedented legal challenge, as it is the first time any company has contested a fine imposed under the DSA since the legislation came into force in 2022.
The penalty was handed down on December 5, 2025, with owner Elon Musk bearing personal liability for the sum.
X has enlisted the backing of Alliance Defending Freedom International, a legal advocacy organisation focused on free speech matters, to support its challenge.
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In its submission to the court, X contends the Commission’s interpretation of the relevant obligations, systematic breach of the applicants' rights of defence, and basic due process requirements suggest a prosecutorial bias.
X said this raises serious questions about due process and adherence to the rule of law.
The platform denies the transparency and procedural breaches cited in the December fine.
Announcing their appeal, X wrote in a statement on the social media platform: "X filed an appeal at the General Court of the European Union challenging the €120 million fine imposed by the European Commission on December 5, 2025, the first non-compliance fine under the Digital Services Act (DSA).
Social media platform X is contesting the European Commission, filing an appeal on Monday over a €120million (£105million) penalty imposed under the Digital Services Act (DSA) at the European Court of Justice in Luxembourg
| GETTY"This EU decision resulted from an incomplete and superficial investigation, grave procedural errors, a tortured interpretation of the obligations under the DSA, and systematic breaches of rights of defence and basic due process requirements suggesting prosecutorial bias.
"This landmark case is the first judicial challenge to a DSA fine and could set important precedents for enforcement, penalty calculations, and fundamental rights protections under the 2022 regulation.
"X remains committed to user safety and transparency while defending our users' access to the only global town square."
The DSA governs all platforms exceeding 45 million monthly users, such as Meta and Google.
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The social media platform say they have raised serious questions about due process and adherence to the rule of law
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Dr Adina Portaru, Senior Counsel for Europe at ADF International, said: "X is being targeted by the European Commission because it is a free speech platform.
"Social media platforms are today's public square, and the DSA threatens speech in that public square."
The Brussels-based lawyer described the enforcement action as an attempt by authorities to maintain "total control of online narratives".
"This case turns on whether the enormous powers given to the European Commission under the DSA are compatible with the rule of law," Dr Portaru explained.
Elon Musk took over X in October 2022
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"Under the DSA, the Commission is able to define the rules for so-called 'content moderation,' launch investigations, enforce them, and impose massive penalties for noncompliance, all with no meaningful checks and balances."
The legislation has drawn criticism from the US Administration and European free speech experts for establishing what they describe as an online censorship regime with worldwide implications.
It comes at a difficult time for Mr Musk and X. The platform faces mounting pressure internationally, with French authorities raiding the company's Paris offices this month and a Spanish minister floating the prospect of a nationwide ban on the platform.
In the UK, Ofcom also launched an investigation following the scandal that saw its AI tool Grok generating sexually explicit pictures of users without their consent.
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