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Google Takes EU to Court Over Search Data Access for AI Rivals

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.

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France Wants Google Fines Used to Reduce EU Budget Contributions

France has called for money collected through European Union fines against Google to be used to reduce national contributions to the EU budget as governments negotiate the bloc’s next seven-year financial framework.

Europe Minister Benjamin Haddad said proceeds from penalties imposed on the US technology company should be treated as EU revenue and used to lower the sums governments must pay into the common budget.

The proposal comes as negotiations intensify over the 2028–34 Multiannual Financial Framework, for which the European Commission has proposed expenditure of almost €2 trillion.

Haddad referred to about €4.6 billion in revenue associated with Google penalties and interest.

The proposal is less radical in budgetary terms than it first appears because fines that become final already enter the EU budget as “other revenue”.

The Commission’s explanation of EU budget revenue states that gross national income-based contributions act as the balancing element of the budget after customs duties, VAT-based resources and other revenues — including fines on companies — are taken into account.

Higher income from definitive competition fines can therefore reduce the amount required from national governments.

France is pressing for that mechanism to be applied clearly to the Google proceeds at a time when governments are seeking ways to limit increases in their national payments.

Google has accumulated substantial EU penalties through both competition law and the Digital Markets Act.

In July, the European Commission fined Google €890 million under the Digital Markets Act in two separate decisions.

A €460 million penalty concerned the Commission’s finding that Google gave preferential treatment to its own services in search results. A further €430 million fine concerned restrictions affecting developers’ ability to direct users towards alternative purchasing channels outside Google Play.

Google has contested elements of the EU enforcement regime and has continued legal proceedings over Commission decisions.

EU Today has followed the dispute closely. In September, Google began changing European search results following the DMA enforcement action, while earlier Commission measures generated a wider dispute with Washington over European regulation of US technology groups.

The French budget proposal shifts the issue from regulation towards public finance.

EU governments are currently divided over the Commission’s proposed 2028–34 budget, which averages about 1.26 per cent of EU gross national income.

Germany, Denmark, Finland, the Netherlands and Austria are among governments seeking substantial reductions in the proposed spending level.

EU Today reported this month that five large net contributors were demanding cuts of several hundred billion euros from the Commission proposal.

France also faces a sharp increase in its projected contribution.

Against that background, governments are looking at both expenditure reductions and new revenue streams that could limit demands on national treasuries.

The wider negotiations cover possible EU “own resources” — revenue that flows directly or indirectly to the European budget rather than being provided through conventional national contributions.

Existing resources include customs duties, a VAT-based contribution, a plastics contribution and national payments calculated according to gross national income.

The Commission has also proposed additional sources linked to carbon pricing and other EU policies.

EU Today has previously examined how EU leaders are searching for new revenue sources for the €2 trillion budget while attempting to finance defence, competitiveness, migration, agriculture, cohesion programmes and support for Ukraine.

Company fines differ from permanent own resources because their size is unpredictable and depends on enforcement decisions and subsequent legal proceedings.

A large fine can provide a one-off boost to EU revenue, but it cannot readily finance recurring expenditure across a seven-year financial framework.

Definitive fines have nevertheless affected member-state contributions before. Commission budget amendments have explicitly incorporated competition penalties as additional revenue, reducing the amount that must be raised elsewhere.

France is now seeking to ensure that the Google proceeds are reflected directly in the sums demanded from national budgets.

The proposal comes before another round of negotiations over the Multiannual Financial Framework, where the size of the budget remains unresolved.

With agreement requiring unanimity among all 27 governments, even relatively small sources of additional revenue are becoming part of the bargaining over who ultimately pays for the EU’s expanding spending commitments.

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