The Meaning of “Additional” in the Poland ruling of the Court of Justice: Double Safeguards – Ex Ante Flagging and Ex Post Complaint Systems – are Indispensable

Author: Martin Senftleben (Institute for Information Law (IViR) )
Published: 01.06.2022
Image by Thomas Breher via Pixabay With its landmark decision in Poland/Parliament and Council of 26 April 2022 (case C-401/19), the Grand Chamber of the Court of Justice of the European Union (CJEU) has clarified that the filtering obligations arising from Article 17(4)(b) and (c) of the Directive on Copyright in the Digital Single Market 2019/790 (“DSM Directive” or “DSMD”), are not unconstitutional per se. The decision has already been discussed by a number of commentators. For instance, see the posts by João Pedro Quintais, Eleonora Rosati and Christophe Geiger and Natasha Mangal. Adding a nuance, the following analysis focuses…