The Court of Justice of the European Union’s Grand Chamber judgement in Public.Resource.Org v Commission (“Malamud”) raises fundamental questions about the relationship between EU law and the European standardisation system. By holding that harmonised standards referenced in the Official Journal must be accessible to the public free of charge, the Court reaffirmed the principle that individuals must be able to know the norms governing their legal rights and obligations. While widely welcomed as a victory for transparency and the Rule of Law, the judgement poses significant challenges to the longstanding governance and funding model of European standardisation, which relies heavily on copyright-based revenues generated by European Standardisation Organisations and national bodies. This article examines the practical and institutional consequences of the Malamud ruling and explores viable compliance pathways for the EU standardisation system. After outlining the role of harmonised standards within the New Legislative Framework and their growing importance in regulatory regimes such as the Artificial Intelligence Act, it analyses the judgement’s implications for access to law and the copyright status of standards. The article then evaluates a range of implementation models, including Commission-hosted publication, read-only access portals, licencing buyouts, and expanded use of common specifications. It argues that a Commission-hosted publication model, supported by revised funding arrangements, offers the most coherent pathway to reconcile open access with the continued functioning of the European standardisation infrastructure, and proposes corresponding reforms to Regulation 1025/2012.
Andrew Leyden (2026) studied this question.