December 02
2021
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Anjum Shabbir
Anjum Shabbir
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15th July 2021
Data, Tech & IP Human Rights

Analysis: “Advocate General considers Article 17 of the CDSM Directive does not violate the right to freedom of expression” by Bernd Justin Jütte

In a long-awaited Opinion, Advocate General Saugmandsgaard Øe suggests that the Court of Justice should dismiss an action for annulment brought by the Republic of Poland against certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (Directive 2019/790). The Opinion comes after a lengthy discussion on how to transpose Article 17 into national law, and after the European Commission had published its Guidance on Article 17 of the Directive a few days after the deadline for transposition had expired on 7 June 2021.

In its action for annulment the Polish Government (C-401/19) argued that the new liability regime for online content-sharing providers (OCSSPs) introduced by Article 17 wo

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