DMA: Litigation against Apple

The FSFE is intervening for Free Software in two key court cases involving Apple and the European Commission. Apple is seeking to avoid obligations derived from the Digital Markets Act (DMA), particularly those relating to interoperability. The FSFE seeks to hold Apple accountable under the DMA in a developer-friendly way.

Illustration of an apple with a worm inside it — Cutting out the rot in Apple. Graphic by Rahak for the FSFE, CC-BY-SA 4.0

Table of contents

Apple’s unbalanced power is a threat to Free Software
Why these cases matter for Software Freedom
- Here is how your rights will be affected by this litigation if the FSFE is successful
Help us win this legal struggle for Software Freedom!
Timeline of the cases

Apple’s unbalanced power is a threat to Free Software

Apple is one of the largest tech companies in the world. Its unbalanced power spans key aspects of software and devices, profoundly distorting digital markets.

Apple controls key parts of its digital ecosystem, including operating systems, app distribution, and access to important device functionalities. This gives the company significant influence over how software is developed, distributed, and used on Apple devices.

To address such gatekeeper power, the European Union adopted the Digital Markets Act (DMA). In September 2023, the European Commission designated Apple as a gatekeeper under the DMA. Apple has since launched several legal challenges against the law and its implementation, particularly regarding interoperability obligations intended to open Apple's ecosystem to greater competition and innovation, and therefore more software freedom in Apple devices as well.

Under Article 40 of the Statute of the Court of Justice of the European Union, organisations may intervene in court proceedings if they can demonstrate an interest in the outcome of the case. The General Court granted the FSFE permission to intervene because the issues at stake are likely to have a significant impact on Free Software developers and users: the outcome may determine their ability to interoperate with Apple's platforms and could influence the supply of Free and Open Source Software in Europe.

This recognition confirms the importance of ensuring that the interests of Free Software developers and users is represented before the Court.

Given the implications for Software Freedom, interoperability and Device Neutrality, the FSFE decided to intervene and defend the public interest in open and competitive digital markets. Dr. Martin Husovec, a lawyer with extensive experience in strategic litigation for non-profits, is representing the FSFE before the Court.

“Becoming an intervener in this case is crucial as the FSFE is representing the civil society perspective, which enriches the judicial proceedings. This allows the court to make fully informed decisions”says Dr. Martin Husovec, the lawyer representing FSFE in the court.

Safeguarding the interests of Free Software developers and users

The FSFE is currently intervening in two separate cases brought by Apple against the European Commission under the Digital Markets Act (DMA).

Case T-1080/23: Challenging the DMA interoperability obligation
In November 2023, Apple challenged its DMA gatekeeper designation, seeking to have Article 6(7) DMA (interoperability obligations) declared inapplicable to iOS on the grounds that they are disproportionate and incompatible with fundamental rights, while also contesting the App Store's designation as a core platform service and the classification of iMessage under EU law.
On 8 July 2026, in its judgment, the Court confirmed that Apple remains a gatekeeper under the DMA. The Court also dismissed Apple’s attempt to challenge the DMA’s interoperability obligation in this case. It ruled that Apple could not use a case about its gatekeeper designation to attack Article 6(7) DMA.
The Court further held that the App Store is a single service meant to connect developers with users, and upheld the DMA’s technology-neutral approach. For the FSFE, this supports the view that mobile devices are general-purpose computing environments, not locked appliances, and that interoperability and Device Neutrality should apply regardless of brand.
Case T-359/25: Challenging the Commission's interoperability decision
In May 2025, Apple launched a second action against the European Commission. This case concerns the Commission's interoperability specification decision (DMA.100204), which sets out how Apple must comply with Article 6(7) DMA in practice.
Apple challenges requirements relating to interoperability request procedures, timelines, technical access mechanisms and other measures intended to ensure effective interoperability for third-party developers.

Why these cases matter for Software Freedom

The first case confirmed that Apple remains under the DMA. Second case will determine how interoperability obligations work in practice.

The FSFE supports the European Commission and defends interoperability, Software Freedom and Device Neutrality. We argue that interoperability obligations serve important public-interest objectives, including competition, innovation, cybersecurity, consumer choice and the ability of Free Software developers to compete on equal terms with proprietary platform providers.

We believe that Apple should compete on the merits of its products and services rather than through technical restrictions that prevent developers and users from accessing alternative solutions. Developers and users should be able to benefit from competing services, applications and software ecosystems, including Free Software alternatives.

Given all these reasons, we urge that Apple's actions be dismissed.

Here is how your rights will be affected by this litigation if the FSFE is successful:

As a developer:

Access rights: Software developers will enjoy less restrictive barriers to access and be able to distribute their software in environments controlled by Apple;
More software freedom: Software developers will be able to demand that Apple allow installation of third party apps (side-loading), the use of third party app stores and the uninstallation of pre-installed software in devices;
Better interoperability policies: Software developers will be able to demand effective and free-of-charge interoperability between their software and Apple’s software and hardware controlled by Apple’s operating system.

As an user:

Enhanced freedom of choice: Users will enjoy more freedom of choice regarding software on Apple devices. Users will benefit from more competition and offers from third-party providers, including alternative app stores, features and solutions.

Help us win this legal struggle for Software Freedom!

This case is a pivotal moment in the struggle for Software Freedom. Apple has billions of dollars to hinder proper implementation of the DMA. We say no to restricting the rights and freedoms of Free Software developers and users! We are the only civil society organisation taking action in this case. Our victory depends on your financial support. We face this risky challenge with courage and determination. Donate to our cause today!