‘AG Øe advises CJEU to rule that Article 17 is COMPATIBLE with the EU Charter of Fundamental Rights and should not be annulled’

“Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights, notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive in 2019, this country lodged a complaint (C-401/19) before the Court of Justice of the European Union (CJEU), seeking the partial or – as a subsidiary claim – complete annulment of the provision. This morning, Advocate General (AG) Saugmandsgaard Øe released his Opinion, advising the Court to rule that Article 17 is compatible with the Charter and should not be annulled …” (more)

[Eleonora Rosati, The IPKat, 15 July]

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