Technius v Commission

Action brought on 29 February 2024 – Technius v Commission(Case T-134/24)Language of the case: English Parties Applicant: Technius LTD (Limassol, Cyprus)(represented by: T. Bosch and T. Kraul, lawyers)Defendant: European Commission Form of order sought The applicant claims that the Court should:declare the application admissible;annul Commission decision C(2023) 8844 final of 20 December 2023 designating Stripchat as a very large online platform in accordance with Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council 1 (‘the contested decision’); andorder the Commission to pay the costs. Pleas in law and main arguments In support of the action, the applicant relies on six pleas in law. First plea in law, alleging an infringement of Article 33(4) of Regulation 2022/2065 and of the principle of sound administration:the defendant based the contested decision on own estimations of the number of active recipients of the applicant’s service Stripchat (‘Stripchat’). The data retrieved by the defendant from a third-party source is evidently inconsistent and incorrect. For example, in one state, the number of estimated users of Stripchat is greater than the entire population;the defendant thus violated its duty of care to examine all the facts of the case carefully and impartially. The defendant did not verify the accuracy and consistency of the data used, did not follow up on obvious clues that the used data is not sufficiently reliable and did not...