Europe – Recent ECJ ruling could lead to standards development tumult

Earlier this month, the European Court of Justice (ECJ) ruled there is “an overriding public interest” for the European Commission (Commission) to disclose harmonized standards, opening a potential can of worms for standards development bodies that could have major implications for standards organizations and healthcare product developers that rely on such standards.

On 5 March, ECJ overturned a lower court ruling in the case Public.Resource.Org Inc. and Right to Know CLG v Commission that found the Commission was within its right to refuse to provide conformity standards in response to a Freedom of Information request. With that case overturned, companies that want to conform to a standard could obtain the standard from the Commission, rather than buying it from a standards body, like the International Organization for Standardization (ISO) or International Electrotechnical Commission (IEC)…