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Judgment

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In the first place, the Commission submits that the single plea is manifestly inadmissible. According to the Commission, a provision of an act of general application may form the subject of a plea of illegality based on Article 277 TFEU only where that provision constitutes the basis of that act or has a direct legal connection with that act. In the present case, 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 XVideos. That decision merely designates that online platform as a very large online platform within the meaning of Article 33(1) of that regulation. Therefore, that decision is not an implementing measure through which Article 39 of that regulation is applied. The fact that the consequence of the decision in question is the applicability of the enhanced due diligence obligations laid down in Section 5 of Chapter III of that regulation is not sufficient to render admissible the plea of illegality raised by the applicant against one of those provisions. 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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