CJEU Case C-401/19 | Republic of Poland v European Parliament and Council of the European Union

Summary:

Information Guide concerning Case C-401/19 from the Court of Justice of the European Union (CJEU), which relates to Article 17 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM).

Further information:

Directive (EU) 2019/790 lays down rules aimed at harmonising further EU law applicable to copyright and related rights in the framework of the internal market. It also lays down rules on exceptions and limitations to copyright and related rights, on the facilitation of licences, as well as rules aiming to ensure a well-functioning marketplace.

Poland decided to launch a legal challenge before the Court of Justice of the European Union (CJEU) right after the adoption of the Directive in May 2019. The challenge raises a plea alleging infringement of the right to freedom of expression and information, requesting the annulment of parts of Article 17 which provides for new rules on content-sharing platforms.

On 26 April 2022, the CJEU dismissed the action brought by Poland against Article 17 of the Directive on copyright and related rights in the Digital Single Market (DSM). The ruling states that the obligation, on online content-sharing service providers, to review, prior to its dissemination to the public, the content that users wish to upload to their platforms, is accompanied by the necessary safeguards to ensure that such obligation is compatible with freedom of expression and information.

Commentary and Analysis

EDRi: Resources, 11/09/2019: Poland challenges copyright upload filters before the CJEU https://edri.org/our-work/poland-challenges-copyright-upload-filters-before-the-cjeu/

Verfassungsblog, 16/11/2020: ​Walking from Luxembourg to Brussels in two hours.The European Court of Justice will rule on the legality of upload filters https://verfassungsblog.de/luxembourg-to-brussels-in-two-hours/

European Law Blog, 03/02/2021: Regulating freedom of expression on online platforms? Poland’s action to annul Article 17 of the Directive on Copyright in the Digital Single Market Directive https://europeanlawblog.eu/2021/02/03/regulating-freedom-of-expression-on-online-platforms-polands-action-to-annul-article-17-of-the-directive-on-copyright-in-the-digital-single-market-directive/

Wolters Kluwer: Copyright Blog, 23/04/2021: It’s 23 April 2021, so where is the Advocate General opinion in Case C-401/19 Poland v Parliament and Council? http://copyrightblog.kluweriplaw.com/2021/04/23/its-23-april-2021-so-where-is-the-advocate-general-opinion-in-case-c-401-19-poland-v-parliament-and-council/

EU Law Analysis, 10/08/2021: Copyright and the Internet: Poland v Parliament and Council (Case C-401/19), Opinion of the Advocate General, 15 July 2021 http://eulawanalysis.blogspot.com/2021/08/copyright-and-internet-poland-v.html

Creative Commons, 25/04/2022: European court renders judgment in Polish challenge to Art 17 https://creativecommons.org/2022/04/25/european-court-renders-judgment-in-polish-challenge-to-art-17/

Communia Association, 26/04/2022: Case C-401/19: CJEU limits the use of automated filters and protects user rights at upload https://www.communia-association.org/2022/04/26/case-c-401-19-cjeu-limits-the-use-of-automated-filters-and-protects-user-rights-at-upload/

EDRi: Resources, 04/05/2022: What happens next with upload filters in the EU after the CJEU copyright ruling https://edri.org/our-work/what-happens-next-with-upload-filters-in-the-eu-after-the-cjeu-copyright-ruling/

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Official

CJEU CURIA: Case C-401/19 | Poland v Parliament and Council https://curia.europa.eu/juris/documents.jsf?num=C-401/19

CJEU: Press Release No 138/21, 15/07/2021: Advocate General’s Opinion in Case C-401/19 Poland v Parliament and Counci https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-07/cp210138en.pdf

CJEU: Press Release No 65/22, 26/04/2022: Judgment in Case C-401/19 Poland v Parliament and Counci https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-04/cp220065en.pdf

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