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.
In May 2026, the Court of Justice of the European Union (CJEU) approved the Free Software Foundation Europe (FSFE)’s request to intervene in the case Apple v. European Commission (T-359/25) in support of the European Commission.
This case concerns Apple’s obligations under Article 6(7) of the DMA. Apple is challenging the European Commission’s decision 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, 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, 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.