Digital Services Act 2024

Reference on point of law to High Court

71. (1) Where a division of the Commission decides, before the making of a decision under section 62 , or where a decision is made under that section to impose an administrative financial sanction, before the making of a determination under section 66 , to refer any question of law arising under Chapter 4 or Chapter 5 to the High Court, the Commission shall refer the question.

(2) Subject to subsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference under subsection (1).

(3) The High Court may grant leave to appeal, where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.