Eccezioni al diritto d’autore e ruolo dei diritti fondamentali: niente di nuovo dal «fronte europeo»

In its decision on the so called ‘Funke Medien case’ the Court of Justice of the European Union faced once again the thorny issue of rights balancing. The case concerned the publication by Funke Medien on the Westdeutsche Allgemeine Zeitung of certain documents classified for restricted access belonging to the Federal Republic of Germany. The decision revolved around the question of whether courts could envisage further exceptions and limitations to those provided by Dir. 2000/31 in order to protect fundamental rights. The court clarified that national courts shall rely on an interpretation of exceptions and limitations that, while consistent with their wording and safeguarding their effectiveness, fully adheres to the fundamental rights recognized by the Charter. The comment focuses on the strengths and weaknesses of the CJEU decision, highlighting how the Court did not give a thorough answer to the questions posed and wishing for a more decisive approach.