


Article15 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, and Articles16 and 52 of the Charter of Fundamental Rights of the European Union,must be interpreted as not precluding national legislation which:
–confers on publishers of press publications the right to obtain fair remuneration in return for the authorisation to use their publications granted to information society service providers;
–imposes on those providers, which use or intend to use such publications, the obligation to enter into negotiations with those publishers, the obligation not to limit the visibility of their content in search results during the negotiations and the obligation to make available to those publishers and to a public authority the information necessary to determine the amount of such fair remuneration;
–empowers that authority to define the benchmark criteria to be used to determine that remuneration and, in the absence of agreement between the parties before it, to determine the amount of that remuneration and to monitor compliance with the obligation to provide information incumbent on those providers as well as to impose administrative fines on them in the event of failure to comply with that obligation,
provided that that legislation does not deprive publishers of press publications of the possibility of refusing to grant such authorisation or that of granting it free of charge, that it does not impose on information society service providers any payment obligation unrelated to the use of such publications, and that the obligations and any penalties imposed on those providers observe the principle of proportionality.

Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998), must be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings, which prohibits only commercial operators of search engines and commercial service providers that similarly publish content from making newspapers or magazines or parts thereof (excluding individual words and very short text excerpts) available to the public, constitutes a ‘technical regulation’ within the meaning of that provision, the draft of which is subject to prior notification to the Commission pursuant to the first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48.