Malamud/Right to Know CJEU Judgment: Public Access Granted to Four Harmonised Standards for Toys
The Court of Justice of the European Union has ruled in favour of granting public access to four harmonised standards related to toy safety. This decision marks for the first time, on the existence of an overriding public interest justifying the disclosure of harmonized standards adopted by CEN.
Previously, non-profit organisations Public.Resource.Org and Right to Know CLG requested access to these standards from the European Commission, which was denied due to concerns over protecting commercial interests. However, the CJEU, after appeals through the General Court, ultimately found that an "overriding public interest" justified the disclosure of the standards.
This landmark decision hinges on two key factors:
- Harmonised standards as integral to EU law: The Court recognized that these standards are not merely technical specifications but are deeply intertwined with EU legislation. They play a crucial role in determining product compliance and market access within the Union, essentially shaping the legal framework for toy safety.
- Transparency for public good: Recognizing the principle of "free access to the law" and the importance of public knowledge, the Court emphasized the need for citizens to readily access these standards. This transparency empowers individuals to verify product compliance.
While acknowledging the existence of copyright protection, the CJEU clarified that this does not supersede the overriding public interest in this case. This distinction is further emphasised by CEN, the European Committee for Standardisation, which welcomes the Court's stance in not challenging copyright protection for harmonised standards in general.
Further details:
- Court press release: [link]
- Court judgment: [link]
- CEN-CENELEC statement: [link]
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