Dilara Hamit
25 September 2026•Update: 25 September 2026
The US government has formally asked to intervene in support of Elon Musk and his social media platform X in their legal challenges against a €120 million ($136 million) fine imposed by the European Commission.
The Justice Department said Thursday that it submitted an application to the General Court of the Court of Justice of the European Union in Luxembourg.
The US is seeking to participate in two cases: X Internet and X Holdings v. Commission and Musk v. Commission. Both seek to annul the Commission’s Dec. 5, 2025 decision finding breaches of the EU’s Digital Services Act.
The court must decide whether to accept the US intervention request. Under the statute governing the EU’s Court of Justice, a state may intervene if it can demonstrate an interest in the outcome of a case.
“The European Commission inappropriately attempted to expand its regulatory authority to reach American companies not present or operating within its jurisdiction,” said Brett Shumate, assistant attorney general for the Justice Department’s Civil Division.
The department argued that the Commission’s approach could affect other US-based digital companies operating in Europe. It also objected to the EU’s treatment of Musk and other companies he controls as part of a single economic entity when calculating liability.
The cases are the first to reach the EU’s General Court challenging how the Commission has enforced the Digital Services Act, the Justice Department said.
The European Commission fined X in December after finding that the platform had violated three transparency obligations under its Digital Services Act.
The Commission said X’s blue checkmark system used a deceptive design because users could pay to obtain “verified” status without the platform meaningfully confirming their identities.
It also found that X’s advertising database lacked sufficient information about ads and who paid for them, limiting scrutiny of scams, coordinated influence campaigns and other potential risks.
The third violation concerned access to public data. The Commission said X’s terms and procedures placed unnecessary barriers on eligible researchers seeking to study systemic risks on the platform.
The penalty was the first non-compliance fine issued under the Digital Services Act, which became broadly applicable in February 2024.
The law allows the Commission to investigate major online platforms and impose fines of up to 6% of a provider’s global annual revenue for violations.
Companies may appeal enforcement decisions before EU courts.
The dispute comes amid broader tensions between Washington and Brussels over the EU’s regulation of large technology companies, many of which are headquartered in the US.
