Luxembourg, October 6, 2025 — The grounds of appeals by tech giants Apple and Meta before the EU’s General Court (GC) against the European Commission’s landmark decisions finding them in breach of the Digital Markets Act (DMA) and imposing a combined €700 million (approximately $817.3 million) in fines have been published in the Official Journal.
In April, the EC found that Apple breached its anti-steering obligation under the DMA, and that Meta breached the obligation to give consumers the choice of a service that uses less of their personal data. Therefore, the authority fined Apple and Meta with €500 million ($583.8 million) and €200 million ($233.5 million), respectively.
Apple Disputes “Anti-Steering” Finding
In its appeal lodged on 7 July, Apple is seeking annulment of the EC decision, which found that Apple violated the anti-steering obligations requiring App Store operators to allow developers to inform users about cheaper or alternative offers outside their platform.
Relying on five grounds, Apple argues the EC misinterpreted Article 5(4) of the DMA and overstepped its authority. In its filing, Apple alleges violations of procedural fairness, claiming the regulator’s process breached its rights of defence and that the fine was disproportionate.
The company is asking the GC to annul the decision in whole or in part, including several key articles, and to reduce or cancel the fine.
Meta Appeal
Meta’s challenge lodged on 4 July contests the EC findings that the company breached Article 5(2) of the DMA, which obliges gatekeepers to offer users a less data-intensive alternative if they refuse to consent to personal data combination.
The decision targeted Meta’s “Consent or Pay” model, introduced in March 2024, which gave Facebook and Instagram users a binary choice: agree to personalised ads or pay a subscription for an ad-free experience.
Meta argues that its model complied with EU law and argues that the Commission misapplied the DMA, misinterpreted consent requirements, and erred in fact and law. The company claims the regulator withheld key documents and failed to consult data protection authorities, violating its rights of defence.
Meta is also challenging the amount and legal basis of the fine, and is asking the GC to annul parts of the decision or reduce the penalty.
Apple is represented by Daniel Beard of Monckton Chambers, Sarah Love of Brick Court Chambers, Ben Mitchell of 11KBW, Simon Orton, and Winfred Knibbeler of Freshfields Bruckhaus Deringer and Richard D. Arnold.
Meta is represented by lawyers Jon Turner KC and Jack Williams of Monckton Chambers, and James Aitken, Sharon Malhi, and Aaron Green of Freshfields Bruckhaus Deringer.
The cases are T-435/25 and T-438/25 Meta, and Apple v Commission before the EU General Court.
Source: https://eur-lex.europa.eu/oj/daily-view/C-series/default.html?&ojDate=06102025
