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19 March 2024

The Fall of The Great Paywall for EU Harmonised Standards

In case C-588/21 P, the CJEU dismantled a foundational axiom of the European Standardisation System: the paywall of harmonised standards. The Court confirmed that harmonised standards are an integral part of EU law, mandating their free accessibility. In this commentary, I posit that the Court’s decision imposes a proactive publication obligation and challenges the existing copyright protection afforded to harmonised standards.

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