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Judgment

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In the first place, the Commission submits that the action for annulment is manifestly inadmissible. In its view, first, the partial annulment of an act of the institutions is possible only if the elements, the annulment of which is sought, can be severed from the remainder of the act and, second, a provision of an act of general application may form the subject of a plea of illegality based on Article 277 TFEU only where it constitutes the basis of that act or where it has a direct legal connection with that act. Most importantly, it is not the contested decision that imposes on the applicant the obligations under Article 39 of Regulation 2022/2065 in relation to the online platform XNXX. That decision merely designates that online platform as a very large online platform within the meaning of Article 33(1) of that regulation. Thus, that decision is not an implementing measure through which Article 39 of that regulation is applied to that online platform. The fact that the consequence of that decision is the applicability of the enhanced due diligence obligations laid down in Section 5 of Chapter III of that regulation does not render the plea of illegality, raised by the applicant against one of the provisions of the regulation in question, admissible. Admitting a plea of illegality in such circumstances would give rise to actio popularis, which goes beyond the purpose of Article 277 TFEU.

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