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
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.
- 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?
- 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?
- 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?