The EU General Court has upheld the European Commission’s decision to classify Stripchat as a very large online platform, establishing important limits on how technology companies can challenge the calculation of their European user numbers.

The European Union’s General Court has rejected a legal challenge to the European Commission’s classification of adult entertainment platform Stripchat under the Digital Services Act, strengthening Brussels’ authority to determine which online services must comply with the legislation’s most demanding obligations.

In its judgment delivered on 14th October, the Luxembourg-based court dismissed the action brought by Technius Ltd, the company operating Stripchat, against its designation as a very large online platform.

The dispute centred on how the Commission calculated the platform’s average monthly active users in the European Union, which determines whether additional regulatory obligations apply.

Under the Digital Services Act, platforms exceeding 45 million monthly active recipients in the EU are subject to enhanced supervision, including requirements concerning systemic risks, transparency, content moderation and independent auditing.

The judgment addresses a fundamental question for European digital regulation: whether companies can exclude particular categories of website visits when calculating the number of people using their services.

How Brussels challenged the platform’s figures

In February 2023, Technius reported that Stripchat had approximately 31.8 million average monthly active recipients in the EU, placing it below the threshold for very large online platforms.

The company relied on information provided by Similarweb, a commercial service measuring website traffic and user behaviour.

However, the Commission questioned the methodology used to reach that figure. Technius had discounted certain visits on the grounds that users entered the website but departed without engaging with its content.

Such visits are commonly described as bounced visits and frequently appear in commercial website analytics.

The Commission concluded that the company’s deductions had significantly underestimated its audience because the original Similarweb calculation of unique visitors already incorporated a filtering process excluding many bounced visits.

On that basis, Brussels calculated that Stripchat had more than 62 million monthly unique visitors in the EU, well above the statutory threshold.

The Commission consequently designated the platform as a very large online service on 20th December 2023. Technius challenged the decision, arguing that the figures were unreliable and that the absence of a prescribed calculation methodology undermined legal certainty.

The EU General Court rejected both arguments.

Court rejects challenge to calculation methodology

According to the court’s official explanation, the Commission had adequately explained its calculation and was entitled to rely on the data available when the designation decision was adopted.

The judges found that Technius had effectively applied deductions to figures from which relevant traffic had already been filtered, producing an artificially reduced estimate of active recipients.

The judgment also addressed a potentially significant complication.

After the Commission adopted its decision, Similarweb revised its methodology. Using the corrected method, Stripchat’s estimated monthly active audience for the relevant period was approximately 37.3 million.

That figure was below the threshold for classification as a very large online platform. Nevertheless, the court held that the subsequent correction did not invalidate the original designation.

The judges determined that the Commission’s decision had to be assessed according to the facts, applicable law and permissible evidence available when the decision was taken.

The ruling therefore does not establish that Stripchat currently exceeds 45 million monthly users. It confirms that the later recalculation was insufficient to annul the Commission’s December 2023 decision.

A significant precedent for digital regulation

The consequences extend beyond one adult entertainment website.

The Digital Services Act covers online intermediaries operating in the European market, including social networks, marketplaces, hosting services and other platforms.

Its obligations increase according to the size and nature of a company’s operations. Very large online platforms must assess systemic risks associated with their services, introduce appropriate mitigation measures and submit to independent audits.

The Commission is responsible for supervising their additional obligations and can impose substantial financial penalties for established infringements.

The distinction between the two categories can therefore have considerable financial and operational consequences.

Companies falling below the 45 million threshold remain subject to relevant DSA obligations but do not face the same additional requirements imposed on the largest platforms.

The General Court’s ruling confirms that companies cannot escape designation by applying an unreliable interpretation of website traffic data.

At the same time, the Commission’s published supervisory framework allows a designation to be revoked when a platform remains below the threshold for a full year.

European technology enforcement faces growing scrutiny

The judgment comes as the Commission faces multiple legal challenges to its enforcement of Europe’s digital legislation.

As EU Today previously reported, Washington has sought to intervene in proceedings concerning the Commission’s €120 million Digital Services Act fine against X, introducing an additional diplomatic dimension to European regulatory disputes.

The Commission is also pursuing separate investigations into whether major platforms comply with obligations concerning the protection of minors, advertising transparency and the management of illegal content.

In another case examined by EU Today, Brussels reached preliminary findings concerning TikTok’s default privacy settings for children, illustrating the practical consequences of the stricter duties imposed on very large online platforms.

The Stripchat judgment concerns designation rather than a finding that the company breached any substantive safety obligation. Its immediate consequence is to preserve the Commission’s original classification decision.

Technius may still appeal to the Court of Justice of the European Union on points of law within two months and ten days of notification of the judgment.

For European regulators, the decision provides judicial support for using established commercial analytics when assessing the reach of online platforms, provided that the methodology is adequately explained and the underlying evidence is reliable.

For technology companies, it confirms that the legal assessment of user numbers extends beyond the figures they choose to report to Brussels. The Commission can scrutinise those calculations and reject methods that fail to provide a reliable estimate of an online service’s European audience.

The European Commission is assessing changes to Google’s search engine and app-store practices after imposing two substantial fines in July. Regulators must now decide whether the company’s response satisfies EU competition requirements or leaves it exposed to further enforcement.

The European Commission is continuing discussions with Google over the company’s response to €890 million in penalties imposed under the Digital Markets Act, as Brussels examines whether changes to its search engine and app-store practices are sufficient to address infringements of European competition rules.

Commission spokesman Thomas Regnier confirmed on Wednesday, 14 October, that officials remained in dialogue with the American technology company. The Commission is assessing the measures Google has introduced, taking account of feedback from businesses affected by its services before reaching a conclusion on compliance.

The review follows two decisions adopted on 23 July, when the European Commission found Google in breach of the Digital Markets Act. A €460 million fine concerned preferential treatment for Google’s own services in search results, while a separate €430 million penalty addressed restrictions preventing app developers from freely directing customers towards alternative purchasing channels.

Search rankings remain under examination

The first infringement concerns Google’s treatment of competing online services offering hotel reservations, shopping comparisons, transport information and sports results.

Regulators concluded that Google had placed its own services in more prominent positions, sometimes providing them with enhanced visual features and search functions unavailable to competing businesses.

The Digital Markets Act prohibits designated gatekeepers from giving their own products preferential treatment when ranking services that compete with those offered by other companies.

Google has already modified its European search results in response to the Commission’s decision. The changes include revised presentations of commercial information and greater prominence for independent comparison services.

As EU Today reported following the introduction of the revised search format, Google has argued that the measures could make searches less convenient and increase dependence on intermediary websites.

The company maintains that direct information previously available through its search engine may become harder for consumers to obtain.

For competitors, however, the question is whether Google’s adjustments provide genuine commercial opportunities or merely alter the appearance of search results without changing the underlying distribution of traffic.

Google Play fees face scrutiny

The second case concerns the Google Play application marketplace, where developers have historically depended on Google’s infrastructure to distribute software and sell subscriptions.

Under the DMA, developers must be able to inform customers about alternative offers and direct them towards purchasing arrangements outside the platform, including their own websites.

The Commission found that Google’s restrictions and fees had limited that freedom.

Although the company may charge for certain services associated with acquiring customers, the Commission concluded that the level and duration of its steering-related charges exceeded what the legislation permits.

Google has since adjusted its external-offers arrangements. European officials are examining whether those changes provide developers with a commercially workable alternative to transactions processed through Google Play.

The issue has consequences for subscription services, digital publishers and software companies seeking to maintain direct relationships with their customers.

A formal ability to direct consumers elsewhere is of limited benefit if the financial conditions make such transactions uneconomic.

Enforcement enters a more demanding phase

The Digital Markets Act was designed to address market practices that conventional competition investigations often took years to resolve.

Rather than requiring regulators to establish a new infringement through lengthy proceedings in every instance, the legislation imposes specific obligations on companies designated as gatekeepers.

The Commission’s DMA enforcement framework allows regulators to examine whether those obligations are being followed and to impose financial penalties when they are breached.

Google’s July fines represented an important enforcement decision. The current review concerns the company’s subsequent conduct and the practical effects of its compliance measures.

The continuation of discussions does not itself establish a fresh infringement. Further penalties would require an additional regulatory determination.

Google also faces broader obligations concerning the sharing of search data with competing providers, an issue addressed in a separate Commission decision issued in July.

These obligations concern access to anonymised information about searches, rankings and user interactions that competing search engines may need to improve their own services.

Taken together, the measures represent a substantial intervention in how Google’s European business operates.

Transatlantic tensions complicate the dispute

The proceedings have acquired a political dimension because most of the largest companies affected by the DMA are American.

President Donald Trump has criticised European penalties against US technology companies and threatened trade measures in response to what his administration regards as discriminatory regulation.

Brussels maintains that the legislation applies according to market position and commercial conduct, regardless of nationality.

European regulators must nevertheless enforce their decisions in an environment where competition policy has become entangled with wider trade relations between the United States and the European Union.

Google’s financial exposure extends beyond the €890 million imposed in July. Continued non-compliance could lead to further regulatory proceedings, while changes to the company’s services may also affect advertising revenue and its relationships with commercial partners.

The immediate assessment will concentrate on whether competing search services receive fair treatment and whether application developers can direct customers towards alternative transactions without unjustified restrictions.

The Commission has not announced a date for its final assessment. Its decision will help establish how far Europe’s digital competition legislation can change the conduct of companies whose platforms occupy central positions in online commerce.

Italian Prime Minister Giorgia Meloni has applied to register her voice as an EU trademark, seeking an additional legal tool against artificial-intelligence systems capable of cloning politicians’ voices and producing convincing fake recordings.

Giorgia Meloni has applied to register her voice with the European Union Intellectual Property Office as governments and public figures look for new ways to counter increasingly convincing AI-generated deepfakes.

The Italian prime minister submitted a short audio recording in which she says “Io sono Giorgia Meloni” — “I am Giorgia Meloni” — to the EUIPO on Monday.

The four-second recording forms part of an application for a sound trademark intended to strengthen legal protection against unauthorised use of her voice.

The application filed with the EU intellectual-property system is currently listed as under examination. It is linked to categories including downloadable multimedia material, cultural activities and the organisation of political events.

Registration would not give Meloni ownership over every recording or imitation of her voice, nor would it automatically prevent AI systems from reproducing it.

It could, however, provide another legal basis for challenging certain commercial or misleading uses where the protected sound mark is employed without authorisation.

The distinction between a trademark and copyright is important in this case. Meloni has applied to protect a sound identifier through EU trademark law rather than to establish general copyright ownership over the natural characteristics of her voice.

Her application comes as voice-cloning technology becomes increasingly accessible.

Modern generative-AI systems can create convincing synthetic speech from relatively small samples of recorded audio. The technology is used legitimately for dubbing, accessibility and media production, but it can also be used for fraud, impersonation and political disinformation.

Meloni herself has previously been targeted by manipulated images and other deepfake material. She has also taken legal action in Italy over sexually explicit deepfake images created using her likeness.

The problem has acquired additional importance for politicians because synthetic recordings can be produced and circulated rapidly during election campaigns.

A false recording no longer requires sophisticated audio-editing equipment or extensive access to the target. Public figures provide large quantities of clean audio through speeches, television appearances, podcasts and social-media video — precisely the material needed to train voice-cloning systems.

The EU has already begun imposing specific transparency requirements on synthetic content.

EU Today reported in August that new provisions under the EU AI Act require certain AI-generated or manipulated audio, images and video to be marked in machine-readable form and impose disclosure obligations for deepfake material.

Those rules address transparency rather than ownership.

Trademark law potentially offers a different route by allowing an individual or organisation to claim rights over a specific sound used as a commercial or identifying mark.

Sound trademarks are not new. Companies have long registered jingles, tones and other distinctive audio signatures. What is unusual in Meloni’s application is the attempt by a serving head of government to use the system partly as protection against AI impersonation.

The phrase chosen for the application is itself closely associated with Meloni’s political identity.

“Io sono Giorgia” became widely recognised following a 2019 speech in which she described herself as a woman, mother, Italian and Christian. The phrase subsequently became the basis of online remixes before being adopted as the title of her autobiography.

Other performers have also sought stronger protection for their voices as generative AI improves.

Italian singer Giusy Ferreri has filed a similar application, while actors and musicians internationally have pressed governments and technology companies to prevent unauthorised voice cloning.

Meloni’s filing is unlikely on its own to settle the broader legal question of whether an individual can effectively control AI reproductions of his or her voice.

It does, however, illustrate how existing intellectual-property law is being tested against technology that can reproduce personal characteristics that were previously difficult to copy convincingly.

The EUIPO must now determine whether Meloni’s application satisfies the requirements for registration. Until that process is completed, the filing remains an application rather than an approved EU trademark.

Google has asked the European Union’s General Court to suspend an order requiring it to make search data available to competing search engines and artificial-intelligence services while its wider legal challenge proceeds.

The application for interim measures follows Google’s challenge to a European Commission decision adopted in July under the Digital Markets Act. The company argues that implementation before the court rules on the main case could cause serious harm to the privacy of European users.

The Commission maintains that its requirements already contain safeguards for privacy, security and personal data.

At the centre of the dispute is Article 6(11) of the Digital Markets Act, which requires Google to give eligible rival search services access to anonymised ranking, query, click and viewing data on fair, reasonable and non-discriminatory terms.

The Commission opened specification proceedings in January and adopted binding measures on 16 July.

The rules explicitly allow AI chatbots offering search functions to qualify for access.

Brussels argues that Google has accumulated a quantity of search information which competitors cannot readily reproduce. User queries and interactions can improve search algorithms, reinforcing the position of an established provider and creating a substantial entry barrier for newcomers.

EU Today examined the issue in April, when the Commission first set out its proposed Google search-data sharing measures.

The final July decision turned those proposals into binding requirements.

The inclusion of AI services gives the case wider significance. Generative AI products increasingly answer questions directly rather than sending users through a conventional list of search results. That is putting AI developers and traditional search engines into increasingly direct competition.

The Commission’s data-access framework is intended to reduce the advantage obtained from data accumulated by designated gatekeepers and make it easier for competing services to enter the market.

Access will not be unrestricted.

Applicants must operate a genuine online search service in the EU and satisfy eligibility requirements. Established applicants generally need at least 50,000 average monthly EU users during the previous year, while newer companies can qualify under investment criteria.

They must also comply with security and data-protection requirements and undergo independent auditing. The Commission can exclude applicants presenting public-security risks, while the data must be processed within the European Economic Area or under arrangements providing equivalent protection.

Google argues that these safeguards do not remove the underlying privacy risk.

The company has therefore asked the General Court for an interim suspension while judges consider the legality of the Commission’s decision.

The case adds another front to an increasingly difficult relationship between Google and Brussels.

In July, the Commission imposed two Digital Markets Act fines on Google totalling €890 million. As EU Today reported following the penalties, one case concerned Google’s treatment of its own services in search results while another dealt with restrictions preventing app developers from directing users towards alternative offers.

The dispute subsequently developed into a wider transatlantic issue when President Donald Trump threatened a Section 301 trade investigation in response to the EU penalties, a development examined by EU Today.

Google has meanwhile begun altering some of its European services in response to regulatory pressure. Earlier this month it changed the presentation of European search results, while warning that the new format could make searches less useful.

The present case is different because it deals with access to the underlying information generated by searches rather than only the way results are displayed.

The Commission wants qualifying competitors to obtain data that could help them improve their own services. Google says opening those datasets creates privacy and security risks which cannot simply be reversed if it eventually wins the court case.

That is why the interim application is important.

Google is not asking the court merely to overturn the Commission decision at the end of the litigation. It wants implementation halted before the full case is resolved.

Unless judges intervene, the Commission timetable continues.

The wider dispute will determine how far Brussels can require a dominant digital platform to share data accumulated through its own users in order to encourage competition — an issue that is becoming increasingly important as search and generative AI converge.