A Critical Examination of the CJEU Judgement in Renckhoff case

New frontiers of Internet Censorship

Abstract

This paper analyzes the judgment of the Court of Justice of the European Union (CJEU) in the Renckhoff case (C-161/17). First, the introductory remarks outline the background of the core issue, mainly by presenting the current line of the CJEU’s case law in cases based on the same legal norm. They also highlight the distinctive character of the judgment in the Renckhoff case. Next, some relevant facts determining the law-based approach are presented, along with the key case-law theses put forward by the CJEU to justify its decision. These considerations underpin the deliberations on censorship of Internet content, based on copyright law. The observations here refer the findings to the principles of freedom of expression as featured in both national and international law. The paper ends with a summary of the author’s observations on the core issue.