CJEU

The Court of Justice of the European Union (CJEU) is an institution of the European Union (EU).  It is responsible, inter alia, for ensuring that EU law is interpreted and applied in a consistent way in all EU countries.  If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification.  The same mechanism can be used to determine whether a national law or practice is compatible with EU law.  The CJEU also resolves legal disputes between national governments and EU institutions, and can take action against EU institutions on behalf of individuals, companies or organisations.

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Poland

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

(University College London)/ /Leave a comment

It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. Since its birth with the European Commission’s proposal, all the way through to the guidance from…

Case Law, CJEU, Communication (right of), European Union, Infringement, Jurisdiction, Liability

, (GFF (Society for Civil Rights))/ /Leave a comment

In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…

Case Law, CJEU, Communication (right of), European Union, Infringement, Jurisdiction, Liability

, (GFF (Society for Civil Rights))/ /Leave a comment

The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…

Case Law, CJEU, Database right, European Union, Infringement

(London School of Economics) and (The University of Nottingham)/ /Leave a comment

On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The facts of the case are expertly described by Tatiana Synodinou in her comment on the…

AG Opinion, Case Law, CJEU, Digital Single Market, European Union

(Institute for Information Law (IViR))/ /1 Comment

In May 2019 right after the adoption of the Copyright in the Digital Single Market Directive, the Polish Government initiated a legal challenge before the Court of Justice of the European Union (CJEU) requesting the annulment of (parts of) Article 17. The Polish challenge claims that the application of the filtering obligations contained in Article…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Communication (right of), Database right, Digital Single Market, Enforcement, European Union, Infringement, Ownership, Round-up, Software

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

Case Law, CJEU, Communication (right of), European Union, Infringement, Liability, Making available (right of), Technological measures

(University of Cyprus)/ /1 Comment

On March 9th, 2021 the CJEU delivered its eagerly awaited decision on the VG Kunst case (C‑392/19). The facts of the case are interesting, since the question of the lawfulness of frame linking and of inline linking was not directly raised. Instead, it appears indirectly in the context of the assessment of licence terms requiring…

CJEU, European Union, Exceptions and Limitations, Legislative process

(NOVA School of Law Lisbon)/ /Leave a comment

Our daily life is studded with hints unveiling how the Internet is becoming a society within our society. From the terms and conditions we subscribe to in order to use it, to consolidated practices in the online world, the Internet mostly functions according to its own rules, which either abide by or clash with legal…

AG Opinion, Case Law, CJEU, Database right

(University of Cyprus)/ /Leave a comment

On 14 January 2021, Advocate General (AG) Szpunar delivered his Opinion in Case C‑762/19, SIA ‘CV-Online Latvia’ v SIA ‘Melons’, a further case relating to the database sui generis right. The application of the sui generis right to the activity of search engines was the main question raised in this case. Specifically, a specialist search…