“In an action for annulment in relation to Article 17 of the Directive on copyright and related rights in the Digital Single Market (Directive (EU) 790/2019, CDSM Directive), currently pending before the Court of Justice of the European Union (CJEU), the Republic of Poland argues that an obligation for specific online platforms leading them to filter content uploaded by their users by automated means infringes the right to freedom of expression. After the CJEU had rejected indirect challenges to existing copyright rules in C-476/17, Pelham, C-516/17, Spiegel Online and C-469/17, Funke Medien (on the AG Opinions of all three cases see here), this action for annulment (C-401/19, Poland v Parliament and Council) constitutes another escalation in the struggle for a balanced European copyright law. The AG’s Opinion is expected in spring 2021 …” (more)
[Bernd Justin Jütte and Christophe Geiger, European Law Blog, 3 February]
First posted 2021-02-04 09:05:21
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