CEN and CENELEC welcome Court of Justice judgment confirming the current approach to access to standards that form part of EU law

The judgment provides important legal clarity and confirms the compatibility with EU law of the approach currently pursued by CEN and CENELEC and their members with regard to access to standards that form part of EU law (the 'Access Solution').

In particular, the Court has clearly confirmed principles that CEN, CENELEC, and their members have consistently advocated and applied, and that are fully reflected in the current Access Solution:

• Standards do not lose their copyright protection even when they are made mandatory through legislation or granted a legal presumption of conformity.
• There is no requirement for such standards to be published in the Official Journal of the European Union, nor for access to be organised by EU institutions.
• In the context addressed by the Court, access via the EU access‑to‑documents framework (Regulation (EC) No 1049/2001), can, in principle, meet all legal requirements.
• Access to national adoptions of international standards is legally sufficient.
• The financial burden associated with ensuring access lies with the European Union, not with the standardization organizations.

The Court thus confirms that free, effective and non‑discriminatory access to those standards that form part of EU law can be ensured without undermining the copyright framework that underpins the standardization system. This approach safeguards legal certainty and transparency while preserving the sustainability of standards development.

CEN and CENELEC therefore welcome the judgment, as it confirms the legality of the current approach and is fully aligned with existing practice. The ruling reinforces confidence in the established model of public‑private cooperation, which enables standards to support legislation, innovation, market access and public policy objectives.

CEN and CENELEC and their Members remain committed to ensuring appropriate and legally sound access to standards that form part of EU law, while continuing to invest in an open, inclusive and globally recognised standardization system to the benefit of the European Single Market and society as a whole.