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The FSFE defends Interoperability from Apple at the EU’s highest court

20. Oktober 2025 um 23:00

The FSFE defends interoperability from Apple at the EU’s highest court

Today, on 21 October, the Free Software Foundation Europe participated as an intervener in the landmark Apple v. European Commission (T-1080/23) hearing before the Court of Justice of the European Union. The case will determine whether the Digital Markets Act can effectively guarantee interoperability, software freedom, and user choice

The Free Software Foundation Europe (FSFE) participated in the Apple v. European Commission (T-1080/23) hearing before the Court of Justice of the European Union. The case could shape the future of Europe’s digital freedom by determining whether the Digital Markets Act (DMA) truly delivers on its promise of interoperability and user choice.

“The Digital Markets Act was designed to give users real choice, not just in theory, but in practice. If interoperability can be limited by proprietary restrictions, then the promise of the DMA will remain unfulfilled. This case is about ensuring that technology serves society, not the other way around.”, states Lucas Lasota, FSFE Legal Programme Manager.

Apple’s challenge claims that certain DMA obligations amount to an “expropriation” of its alleged “intellectual property rights”, the FSFE’s legal intervention counters that these obligations are not arbitrary or excessive burdens, but legitimate, proportionate measures adopted in the public interest to preserve software freedom, interoperability, and user choice.

“Innovation does not exempt a company from regulation.The FSFE challenged Apple’s attempt to invalidate a democratically adopted EU interoperability mandate for operating systems. Given that Apple’s product is an ecosystem where value is created not only by Apple, but also by independent external developers and consumers who own the devices, coercing selected gatekeepers’ products into interoperability is entirely legitimate and necessary.", stated Dr. Martin Husovec, the lawyer representing the FSFE at the court hearing..

The FSFE’s court hearing statement.

You can learn more about this court case at the FSFE’s website on the DMA litigation against Apple.

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