{"id":224208,"date":"2025-12-09T19:25:09","date_gmt":"2025-12-09T19:25:09","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/224208\/"},"modified":"2025-12-09T19:25:09","modified_gmt":"2025-12-09T19:25:09","slug":"elon-musk-and-x-granted-high-court-permission-to-challenge-coimisiun-na-mean-investigation-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/224208\/","title":{"rendered":"Elon Musk and X granted High Court permission to challenge Coimisi\u00fan na Me\u00e1n investigation \u2013 The Irish Times"},"content":{"rendered":"

Elon Musk<\/a> and social media giant X have been granted permission by the High Court to challenge an investigation by Irish media regulator Coimisi\u00fan na Me\u00e1n<\/a> into whether X, formerly Twitter, contravened the EU\u2019s Digital Services Act.<\/p>\n

At the High Court this week, lawyers for multi-billionaire Mr Musk, who is the first named appellant, and X Holdings Corp, which is the second named appellant, successfully applied to Ms Justice Mary Rose Gearty to challenge the investigation, which relates to X\u2019s complaints procedures. <\/p>\n

The appellants also successfully applied for a stay on the investigation until the challenge is heard next year.<\/p>\n

[\u00a0Coimisi\u00fan na Me\u00e1n begins investigation into the social media platform XOpens in new window<\/a>\u00a0]<\/p>\n

Last month, the commission announced it had commenced a formal investigation \u201cinto the provider of the X online platform under the EU Digital Services Act (DSA). The investigation will assess whether X has contravened Article 20 of the DSA\u201d.<\/p>\n

Article 20 of the DSA deals with internal complaint-handling systems operated by larger online platforms.<\/p>\n

In a statement on their website, the commission said it was investigating whether people using the site are able to appeal X\u2019s decisions not to remove content when they report something that they think breaches X\u2019s terms of service.<\/p>\n

The commission said it was also looking into whether people are properly informed of the outcome of a report they make and whether they are informed about their right to appeal the decision. They are also investigating whether X has an internal complaints mechanism that is easy to access and is user friendly.<\/p>\n

\"\"Will the Government\u2019s new plan speed up the delivery of vital infrastructure projects? <\/p>\n

However, Mr Musk and X Holdings Corp submitted to the High Court that they are not the provider of X\u2019s \u201cservice\u201d in the EU and are based in the US.<\/p>\n

In grounding statements for their application for judicial review, Mr Musk\u2019s correspondence address is given as Excession LLC, 2110 Ranch Road 620 South, Austin, Texas, USA, while X Holdings is listed as Bastrop, Texas.<\/p>\n

The two applicants claim that neither of them \u201cprovide the X Service in the EU, or have any contractual relationship relating to the X Service\u201d relating to recipients of the service in the EU.<\/p>\n

The applicants submit that the notice party in their applications, X Internet Unlimited Company (XIUC), is the provider of the X Service to users in the EU.<\/p>\n

XIUC\u2019s address is listed as Cumberland Place, Fenian Street, Dublin 2.<\/p>\n

The applicants submit that the European Commission has already designated XIUC as the only provider of the service in the EU.<\/p>\n

The applicants submit that the commission acted beyond its powers in commencing the investigation without determining whether Mr Musk or X Holdings \u201care the relevant intermediary service providers within the Act\u201d.<\/p>\n

Mr Musk and X Holdings are seeking orders from the court quashing the ordering of the investigation, quashing the notice of the commencement of the investigation and an order prohibiting the commission from proceeding with the investigation.<\/p>\n

Ms Justice Gearty separately granted permission to XIUC to also challenge the investigation. XIUC submits that the commission acted beyond its powers in that the \u201cauthorising officer\u201d unlawfully varied the scope or terms of the investigation from those fixed by the \u201cauthorised person\u201d.<\/p>\n

XIUC also claims the direction grounding the investigation is \u201cambiguous and void for lack of legal certainty, in breach of fair procedures, and in breach of transparency requirements\u201d. It further claims the notice of the investigation fails to state \u201cparticulars\u201d of suspected contraventions.<\/p>\n

XIUC has also named Mr Musk and X Holdings as notice parties in its challenge.<\/p>\n

Ms Justice Gearty granted both applications to seek leave for judicial review and put a stay on the investigation until the matter appears again in January.<\/p>\n

In a statement, a spokesperson for Coimisi\u00fan na Me\u00e1n said: \u201cWe are aware of the proceedings that have been filed by Elon Musk and X Holdings Corp this week. An Coimisi\u00fan will not be providing any further comment at this time.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Elon Musk and social media giant X have been granted permission by the High Court to challenge an…\n","protected":false},"author":2,"featured_media":224209,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41],"tags":[9,10,34888,1647,13,14,6,10476,11,12,15,16,5,7,8,2772,65,66,67,879],"class_list":{"0":"post-224208","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-world","8":"tag-breaking-news","9":"tag-breakingnews","10":"tag-coimisiun-na-mean","11":"tag-elon-musk","12":"tag-featured-news","13":"tag-featurednews","14":"tag-headlines","15":"tag-high-court","16":"tag-latest-news","17":"tag-latestnews","18":"tag-main-news","19":"tag-mainnews","20":"tag-news","21":"tag-top-stories","22":"tag-topstories","23":"tag-twitter","24":"tag-world","25":"tag-world-news","26":"tag-worldnews","27":"tag-x"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/115691253198417986","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/224208","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=224208"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/224208\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/224209"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=224208"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=224208"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=224208"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}