As per a report by the U.S. Department of Justice, a request was filed on September 25 to intervene in the case X Corp. and Elon Musk brought before the EU's General Court, seeking to annul the European Commission's €120 million fine — the first ever issued under the Digital Services Act. The Commission's December 2025 decision found X breached the DSA's transparency rules through its paid blue-checkmark verification system, its political advertising database, and limits it placed on researchers' access to public platform data.

Assistant Attorney General Brett A. Shumate said the Commission had inappropriately tried to extend its regulatory reach to an American company not present or operating within EU jurisdiction. Because the United States is not an EU member state or institution, it must clear a higher bar under Article 40 of the Court of Justice's statute, showing a direct legal interest in the case before a judge will let it formally join the proceedings.