IP case law Court of Justice

Referral C-469/17 (Funke Medien NRW, 4 Aug 2017)



1. Do the provisions of Union law on the exclusive right of authors to reproduce (Article 2(a) of Directive 2001/29/EC (1)) and publicly communicate their works, including the right to make works available to the public (Article 3(1) of Directive 2001/29/EC), and the exceptions or limitations to these rights (Article 5(2) and (3) of Directive 2001/29/EC) allow any latitude in terms of implementation in national law?

2. In which way are the fundamental rights of the Charter of Fundamental Rights of the European Union to be taken into account when ascertaining the scope of the exceptions or limitations provided for in Article 5(2) and (3) of Directive 2001/29/EC to the exclusive right of authors to reproduce (Article 2(a) of Directive 2001/29/EC) and publicly communicate their works, including the right to make works available to the public (Article 3(1) of Directive 2001/29/EC)?

3. Can the fundamental rights of freedom of information (second sentence of Article 11(1) of the Charter) or freedom of the media (Article 11(2) of the Charter) justify exceptions or limitations to the exclusive rights of authors to reproduce (Article 2(a) of Directive 2001/29/EC) and publicly communicate their works, including the right to make works available to the public (Article 3(1) Directive 2001/29/EC), beyond the exceptions or limitations provided for in Article 5(2) and (3) of Directive 2001/29/EC?




Case details on the CJEU website (external link)