Article 17 of the EU Copyright Directive, which includes the upload filter obligation, does not need to be deleted. The Advocate General advises the European Court of Justice on this. He is, however, critical of the scope of the filter obligation.
In his opinion, Advocate General Henrik Saugmandsgaard Øe concludes that the claim of Member State Poland should be rejected. Poland believes that the obligation to filter uploads violates the freedom of expression enshrined in the Charter of Fundamental Rights of the European Union . The country, therefore, wants Article 17 to be deleted. However, according to the Advocate General, this article does not conflict with the principles of this Charter. He advises the Court of Justice to reject Poland’s petition.