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Republic of Poland v. European Parliament

Case C-401/19 (2022)

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Republic of Poland v. European Parliament

European Court of Justice
Case C-401/19 (2022)

Facts

Article 17(4) of European Union Directive 2019/790 (the directive) required online content-sharing-service providers (OCSSPs) to engage in preventive monitoring of users’ uploads to avoid the upload of copyrighted content. The Republic of Poland (Poland) (plaintiff) filed a claim against the European Parliament (defendant), arguing that the directive unlawfully infringed on the right to freedom of expression and information as guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union (charter). Specifically, Poland claimed that the directive effectively required OCSSPs to deploy information-technology tools that automatically filtered content, risking restrictions on lawful content and thus failing to respect the right to freedom of expression and information. The European Court of Justice considered Poland’s argument.

Rule of Law

Issue

Holding and Reasoning ()

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