https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-02/cp250019en.pdf
Judgment of the Court in Case C-233/23 | Alphabet and Others
25 feb 2025
A company holding a dominant market position that has created a digital platform may abuse its dominance if it refuses to make that platform interoperable with an app developed by a third party, even if the platform is not essential for the app’s commercial activities. This abuse may occur when the platform is specifically designed to allow third-party use and when enabling such use would increase the app’s appeal to consumers. However, the refusal can be justified if, at the time of the third party’s request, there is no suitable template for that type of app, if granting interoperability would compromise the platform’s security or integrity, or if there are other technical obstacles that make interoperability impossible. Otherwise, the dominant company must create such a template within a reasonable timeframe and may require an appropriate payment, depending on the circumstances.
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