Abstract

In C-516/17, Spiegel Online – a reference made in the context of proceedings opposing German politician Volker Beck and news publisher Spiegel Online GmbH – the German Federal Supreme Court (BGH) referred a number of questions about the interpretation of exceptions laid down in Article 5 of the InfoSoc Directive, in particular the exception for the reporting of current events and the quotation exception. Most notably, the BGH asked whether the fundamental freedoms of information and of the press may justify exceptions beyond those listed in Article 5. The article describes the factual and legal background of this preliminary reference and analyses the practical significance of the six referred questions.

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