European Union: Lawsuit challenging European Commission's withdrawal of proposal for regulation on standard essential patents was filed at General Court

On 26 September 2025, the lawsuit challenging the European Commission's withdrawal of a proposal for a regulation on standard essential patents (SEP) was filed at the General Court. On 11 February 2025, the European Commission stated in its 2025 work programme that it has withdrawn the framework for SEP. The framework would have impacted the regulation of SEPs, which are the patents protecting technology considered essential to a standard. The lawsuit challenges the European Commission’s refusal to grant access to documents related to the Commission’s withdrawal of its SEP regulation proposal. The lawsuit concerns access to documents rules under Regulation 1049/2001, which grants public access to the European Union's Parliament, Council, and Commission documents. The lawsuit alleges that the Commission wrongly invoked an ongoing decision-making process despite having already withdrawn the SEP proposal and further alleges failures to identify and retain all relevant documents. The lawsuit seeks annulment of the Commission’s decision withdrawing the proposal for regulation on SEP.