Meta appeals to EU Court of Justice over Messenger gatekeeper designation

Meta Platforms, Inc. has appealed to the Court of Justice of the European Union against the General Court judgment that upheld its designation as a gatekeeper as regards Facebook Messenger. The appeal, registered as Case C-909/26 P, was lodged on 11 August 2026 and is published in the Official Journal of the European Union C series of 12 October 2026 under reference C/2026/5061.

The case turns on the Digital Markets Act, Regulation (EU) 2022/1925 of 14 September 2022 on contestable and fair markets in the digital sector (OJ 2022 L 265, p. 1), which imposes a set of obligations on large online platforms designated as gatekeepers. On 5 September 2023 the European Commission adopted Commission Decision C(2023) 6105 final, designating Meta Platforms, Inc. as a gatekeeper pursuant to Article 3 of that regulation. Article 2(e) of the decision is the provision that lists Facebook Messenger among the core platform services covered.

Meta challenged that designation before the General Court, which dismissed its action in Case T-1078/23 by a judgment of 3 June 2026 delivered by the Eighth Chamber sitting with five Judges. The company now asks the higher court to set aside the part of that ruling that rejected its request to annul Article 2(e).

What the appellant is asking for

In its appeal, Meta Platforms, Inc. asks the Court of Justice to:

• set aside point 2 of the operative part of the judgment under appeal, insofar as it dismisses Meta’s action for annulment of Article 2(e) of Commission Decision C(2023) 6105 final;
• annul Article 2(e) of the contested decision;
• alternatively, should the Court consider that it does not have all the information and reasoning required to give final judgment, refer the case back to the General Court for judgment on the first plea in law, in accordance with Article 61 of the Statute;
• order the European Commission to pay the appellant’s costs.

The single ground of appeal

The appellant relies on one ground of appeal, alleging that the judgment under appeal is vitiated by errors of law and inadequate reasoning in relation to the classification of Facebook Messenger as a standalone number-independent interpersonal communications service core platform service under Regulation (EU) 2022/1925.

That classification is decisive, because it determines whether the messaging service is caught by the obligations that the Digital Markets Act places on designated gatekeepers. It is also the only point on which the appellant seeks to overturn the findings of the General Court.

Parties and procedure

The appellant is Meta Platforms, Inc., represented by D. Bailey, Barrister-at-Law, J. Aitken and S. Malhi, Solicitors, and T. Janssens, advocaat. The other parties to the proceedings are the European Commission and the French Republic. The language of the case is English.

The ruling will shape how the Digital Markets Act applies to messaging services, since it will settle whether a standalone communications app can be treated as a core platform service in its own right. The outcome will also guide the European Commission in future gatekeeper designations and in the compliance duties that follow from them.

Source: Official Journal of the European Union, C series, C/2026/5061, 12 October 2026, section I (official reference: C/2026/5061).