DMA: The FSFE intervenes against Apple before European Court of Justice for the second time - FSFE
DMA: The FSFE intervenes against Apple before European Court of Justice for the second time
The Free Software Foundation Europe has been granted permission to
intervene at the Court of Justice of the European Union in the case
T-359/25 - Apple against the European Commission. This second
intervention aims to defend interoperability and Software Freedom in
Europe.
This case concerns Apple’s obligations under Article 6(7) of the DMA.
Apple is challenging the [European
Commission’s decision](https://ec.europa.eu/competition/digital_markets_act/cases/202523/DMA_100204_2073.pdf) that lays down procedures on how the company
must provide software and hardware interoperability for its smartphone
and tablets. The Commission’s decision includes measures intended to
improve transparency and access for developers seeking interoperability
with Apple’s operating system features, hardware features including
access to technical information, communication channels, and clearer
procedures for interoperability requests.
“This case is one of the major judicial tests of the EU’s
interoperability obligations under the DMA. This law aims at preventing
large technology companies from unfairly locking out competitors. The
FSFE seeks to enforce the DMA in a Free Software developer friendly
way”, says Lucas Lasota, FSFE's Legal Proramme Manager .
In its [order
allowing the FSFE to intervene](https://juris.curia.europa.eu/juris/document/document.jsf?text=&docid=311191&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=375750), the court explicitly recognised that
the outcome of the case is “likely to have a significant impact on the
supply of Free and Open Source Software” and on the ability of
developers to connect their applications with Apple’s operating systems.
The Court further acknowledged that limiting interoperability
obligations could prevent Free Software developers and users from being
able to “interconnect their applications with Apple’s operating system”.
“With industry interests well represented by several interveners on
the other side, the FSFE is there to ensure that civil society is equally
heard — and that the court can decide with the full picture before
it" says Dr. Martin Husovec, the lawyer representing FSFE in
the court.
A new case for interoperability
This is the second time the FSFE is intervening in a litigation at the
CJEU in regards to the DMA and Apple. The previous case (T-1080/23)
concerns Apple’s broader challenge to its DMA obligations and its
designation as gatekeeper, while this case (T-359/25) focuses
specifically on interoperability under Article 6(7) DMA and the legality
of the European Commission’s decision specifying how Apple must
implement those obligations in practice.
As a next step, the FSFE will prepare and submit its statement in
intervention before the Court, further presenting its arguments on
interoperability, Software Freedom, and the practical impact of the DMA
on developers and users.
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About the FSFE
Free Software Foundation Europe is a charity that empowers users to
control technology.
Software is deeply involved in all aspects of our lives. It is important
that this technology empowers rather than restricts us. Free Software
gives everybody the rights to use, study, share, and improve software.
These rights help support other fundamental rights like freedom of
speech, freedom of press, and privacy.