Hi,
Thanks for sharing the link. Contrary to the subject line, I get the
impression that the court did not answer the question on the public domain
(as in copyright) status of those harmonized standards that are referenced
by EU law. It only answered a specific question on the EU access to
documents law and left the second question unanswered. If someone had more
time looking at the decision, I would be happy to see a clarification if I
am mistaken.
Mathias
On Tue, Mar 5, 2024 at 2:25 PM Federico Leva (Nemo) <nemowiki(a)gmail.com>
wrote:
The CJEU today ruled for Carl Malamud against the
European Commission in
C‑588/21 (
Public.Resource.Org and Right to Know v. European Commission):
https://curia.europa.eu/juris/document/document.jsf?docid=283443&pageIn…
https://curia.europa.eu/jcms/jcms/p1_4324488/en/
I've therefore opened a discussion on Commons:
https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright#Public_do…
https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:EN_301_54…
Some relevant snippets from the ruling:
«a harmonised standard, adopted on the basis of a directive [...] forms
part of EU law»
«the rule of law, which requires free access to EU law for all natural
or legal persons of the European Union»
«there is an overriding public interest [...] justifying the disclosure
of the requested harmonised standards»
«As is apparent [...] the Commission should have acknowledged [...] the
existence of an overriding public interest»
Best,
Federico
_______________________________________________
Publicpolicy mailing list -- publicpolicy(a)lists.wikimedia.org
To unsubscribe send an email to publicpolicy-leave(a)lists.wikimedia.org