Written Question: Action for annulment of Article 17(4) of the Copyright Directive

(Source: European Parliament)

Date submitted: 4 March 2021

Question for written answer E-001258/2021
to the Commission
Rule 138
Moritz Körner (Renew)

Subject: Action for annulment of Article 17(4) of the Copyright Directive

In 2012 the CJEU ruled (Case C‑360/10) that a social network may not be forced to pre-filter content, for reasons of restricting freedom of information.

On 24 May 2019, Poland submitted an action for annulment of Article 17(4) of the Copyright Directive (Case C-401/19).

Please provide a separate answer to the following three questions.

  1. Is the Commission prepared for the possibility of Article 17(4)(b) and the last phrase of Article 17(4)(c) of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC being annulled in the near future?
  2. In the event of a declaration of annulment by the Court of Justice of the European Union, will the Commission present a new proposal to replace the annulled passages?
  3. Will the Commission launch infringement proceedings against Member States which fail to repeal the national implementation of Article 17(4) in the event of a declaration of annulment being pronounced?
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