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European Observer on fundamental right's respect

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Case Law C-401/19 (26/04/2022)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/26/2022

Subject: The Court dismissed the action brought by Poland against Article 17 of the directive on copyright and related rights in the Digital Single Market. According to the Court, 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, resulting from the specific liability regime established in the Directive, has been accompanied by appropriate safeguards by the EU legislature in order to ensure respect for the right to freedom of expression and information of the users of those services, and a fair balance between that right, on the one hand, and the right to intellectual property, on the other. Nonetheless, Member States must, when transposing Article 17 of the Directive into their national law, take care to act on the basis of an interpretation of that provision which allows a fair balance to be struck between the various fundamental rights protected by the charter of fundamental rights

Parties: Polonia c. Parlamento e Consiglio

Classification: Freedoms - Art. 11 Freedom of expression - Freedom of information - Art. 17 Intellectual property

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