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Elon Musk and X to challenge Comisiún na Meán at the High Court
Summary
Elon Musk and X Holdings Corp, acting as appellants, were granted permission by the High Court to challenge a formal investigation by Comisiún na Meán into whether the X platform contravened Article 20 of the EU Digital Services Act regarding internal complaint-handling systems. Ms Justice Mary Rose Gearty also granted a stay on the investigation until the matter is heard next year. The appellants, based in the US, submitted that they are not the provider of the X service in the EU, arguing that X Internet Unlimited Company (XIUC) is the designated provider. They claimed the commission acted beyond its powers by investigating them without determining their status as intermediary service providers. XIUC, which also sought leave for judicial review, argued the commission unlawfully varied the investigation's scope and that the notice lacked legal certainty and specific particulars of suspected contraventions. Ms Justice Gearty granted both applications for leave to seek judicial review and ordered a stay on the investigation pending the hearing scheduled for January. The matter remains at the procedural stage of an appeal, with the investigation suspended rather than concluded.
Who, what, where, when and why
What: Report matter: Elon Musk and X to challenge Comisiún na Meán at the High Court. Procedural stage: appeal
When:
- 2025-12-09 Publication
Case subjects
Appellant
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