DMA: The FSFE intervenes against Apple before European Court of Justice for the second time - FSFEThe FSFE intervenes in a new court case against Apple under<br>the Digital Markets Act. One more time, we are the only<br>charitable civil organization defending Free Software and<br>interoperability at the court.
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News<br>DMA: The FSFE intervenes against Apple before European Court of Justice for the second time<br>on: 2026-05-19
The Free Software Foundation Europe has been granted permission to<br>intervene at the Court of Justice of the European Union in the case<br>T-359/25 - Apple against the European Commission. This second<br>intervention aims to defend interoperability and Software Freedom in<br>Europe.
In May 2026, the Court of Justice of the European Union (CJEU) approved<br>the Free Software Foundation Europe (FSFE)’s request to intervene in the<br>case Apple<br>v. European Commission (T-359/25) in support of the European<br>Commission.
This case concerns Apple’s obligations under Article 6(7) of the DMA.<br>Apple is challenging the European<br>Commission’s decision that lays down procedures on how the company<br>must provide software and hardware interoperability for its smartphone<br>and tablets. The Commission’s decision includes measures intended to<br>improve transparency and access for developers seeking interoperability<br>with Apple’s operating system features, hardware features including<br>access to technical information, communication channels, and clearer<br>procedures for interoperability requests.
“This case is one of the major judicial tests of the EU’s<br>interoperability obligations under the DMA. This law aims at preventing<br>large technology companies from unfairly locking out competitors. The<br>FSFE seeks to enforce the DMA in a Free Software developer friendly<br>way”,<br>says Lucas Lasota, FSFE's Legal Proramme Manager.
In its order<br>allowing the FSFE to intervene, the court explicitly recognised that<br>the outcome of the case is “likely to have a significant impact on the<br>supply of Free and Open Source Software” and on the ability of<br>developers to connect their applications with Apple’s operating systems.<br>The Court further acknowledged that limiting interoperability<br>obligations could prevent Free Software developers and users from being<br>able to “interconnect their applications with Apple’s operating system”.
“With industry interests well represented by several interveners on<br>the other side, FSFE is there to ensure that civil society is equally<br>heard — and that the court can decide with the full picture before<br>it"<br>says Dr. Martin Husovec, the lawyer representing FSFE in<br>the court.<br>A new case for interoperability
This is the second time the FSFE is intervening in a litigation at the<br>CJEU in regards to the DMA and Apple. The previous case (T-1080/23)<br>concerns Apple’s broader challenge to its DMA obligations and its<br>designation as gatekeeper, while this case (T-359/25) focuses<br>specifically on interoperability under Article 6(7) DMA and the legality<br>of the European Commission’s decision specifying how Apple must<br>implement those obligations in practice.
As a next step, the FSFE will prepare and submit its statement in<br>intervention before the Court, further presenting its arguments on<br>interoperability, Software Freedom, and the practical impact of the DMA<br>on developers and users.
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