Europarechtliche Grenzen der Tätigkeit von Normungsorganisationen

In this book, the author examines how EU fundamental freedoms and EU competition law apply to the setting of standards in standardisation organisations. Standards exist for almost every area of life. Although they are legally non-binding, complying with them may be de facto binding due to their legal and economic effects. Individuals involved in standardisation processes therefore have the power to decide which products are in line with applicable standards and which are not, which products consumers will buy due to their conformity to standards and which products authorities and courts are likely to regard as safe. This study shows that this power is limited by EU competition law and fundamental freedoms regardless of the legal form of the organisations in question. Standards that restrict competition or fundamental freedoms must be proportionate and justified on a case-by-case basis.