Digital Networks Act faces coordinated pushback from six EU states
Austria, France, Germany, Hungary, Italy and Slovenia have renewed their opposition to core elements of the upcoming Digital Networks Act, challenging the European Commission’s approach as businesses, consumer groups and the EU’s own Regulatory Scrutiny Board also raise concerns.
Six EU member states have submitted a joint request for the Council to take another look at the European Commission’s forthcoming Digital Networks Act (DNA). Their submission notes that several elements of the proposal require further discussion. According to Brussels-based media reports, Austria, France, Germany, Hungary, Italy and Slovenia want to preserve national control over frequency policy and other regulatory competences.
The latest intervention adds to growing political and institutional scrutiny of the DNA. The Commission is expected to release its revised text in January 2026, but signals from governments, businesses, consumer groups and oversight bodies point to a challenging legislative path.
Previous ministerial discussions at the Transport, Telecommunications and Energy (TTE) Council in December 2024 already revealed hesitation toward several DNA concepts. Ministers questioned the need for new IP interconnection dispute resolution mechanisms, which critics view as a rebranded version of network fees first proposed in 2022. Many national authorities argued that existing interconnection markets function well and that national regulators are capable of handling disputes without new EU intervention.
Member states also pushed back against the idea that achieving a ‘level playing field’ between telecom operators and digital service providers requires extending telecom regulations to the broader tech industry. The ministerial document stressed that equivalence in treatment does not automatically mean applying identical rules to sectors operating at different points in the value chain. Concerns were also raised about proposed changes to merger policy, with some governments warning that easier consolidation could weaken competition, particularly in smaller markets.
Opposition has not been limited to national capitals. In July, a coalition of business and consumer organisations criticised the revival of network-fee concepts through the DNA’s proposed dispute resolution mechanisms. They argued that similar plans were previously rejected in consultations due to potential harm to consumers, competition, innovation and net neutrality.
International commitments have added further complexity. The US–EU trade agreement concluded in August includes a provision in which the EU pledges not to introduce network fees. How this commitment will interact with elements of the DNA remains unclear.
Compounding these challenges, the European Commission’s Regulatory Scrutiny Board reportedly issued a negative opinion in late October on the readiness of the DNA’s impact assessment. The Board’s assessment, which provides early-stage quality control for new legislative proposals, has reportedly delayed the Commission’s initial plan to publish the draft text in December 2025.
As negotiations move closer to 2026, the convergence of member-state objections, consumer pushback, and institutional scrutiny suggests that the Digital Networks Act may face significant revisions before entering the EU legislative process.
