Abstract
Increasingly, national courts have begun to consider the impact of the Charter of Fundamental Rights on EU copyright law. In (C-469/17) Funke Medien, (C-476/17) Pelham GmbH and (C-516/17) Spiegel Online v Volker Beck, the German Federal Supreme Court has referred a series of important questions about the relationship between the Charter, copyright law and national constitutional norms. This article explores the Opinions of Advocate General Szpunar in those cases and considers some of the broader potential consequences of the approach that he advocates.
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