Zalando has lodged an appeal with the Court of Justice of the European Union (EU), seeking to overturn a ruling that dismissed its challenge to EU online content rules, as reported by Reuters.
The German online fashion retailer sued the European Commission after being classified as a very large online platform (VLOP) under the Digital Services Act (DSA), placing it under the regime’s stricter obligations alongside major platforms such as Google and Meta.
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In September 2025, the General Court in Luxembourg rejected Zalando’s position that it operates a hybrid model, offering its own products as well as items from partners, and therefore differs from other large platforms.
“The General Court’s ruling creates an overly broad and incorrect interpretation of what third party content is, impacting many industries across Europe’s economic landscape,” Zalando states in its appeal to the EU Court of Justice.
The retailer warned that this interpretation could extend DSA compliance to almost every online service, from media to supermarkets and tourism.
Zalando is also contending that the lower court had improperly shifted the burden of proof, requiring VLOPs to demonstrate that they should not have been designated as such.
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By GlobalDataIt further argues that the tribunal relied on an inaccurate method for calculating active recipients – a key metric in determining VLOP status.
Zalando recently posted higher third quarter (Q3) 2025 earnings and announced a new partnership with the German Football Federation (DFB) to strengthen its position in the sportswear segment.
In Q3, the company’s gross merchandise volume (GMV) rose 21.6% from a year earlier to €4.2bn ($4.84bn), while revenue increased 26.5% year-on-year to €3bn.
The figures were largely influenced by the acquisition of Hamburg-based About You, which was formally combined with Zalando in July 2025.
In September 2025, Zalando appointed Anna Dimitrova as its new chief financial officer, effective from 1 January 2026.
