The European Court of Justice has imposed a fine of DKK 12 million (approximately €1.6 million) on Denmark for its failure to implement an EU directive on copyright and related rights within the stipulated deadline. The directive, which concerns digital copyright rules in the EU’s internal market, was adopted in 2019 and was supposed to be fully implemented by July 2022.
Only partial compliance until mid-2023
Despite the clear deadline, Denmark only partially implemented the directive by the due date, with the full adoption occurring as late as 7 June 2023. This delay triggered the legal action from the European Commission, ultimately leading to the ruling by the Court of Justice of the European Union (CJUE).
Government blames COVID-19 pandemic
In its defence, the Danish Government cited the COVID-19 pandemic as a major obstacle, arguing that the crisis placed significant pressure on both politicians and civil servants, hindering their ability to process and implement complex legal frameworks on time.
However, the court found the delay unjustified, stressing that EU member states are legally obligated to transpose directives into national legislation within the given timeframe, regardless of domestic challenges.
Broader implications for EU legal compliance
This ruling serves as a reminder of the legal obligations EU member states face when implementing directives. The case highlights the importance of timely compliance, particularly in sectors like digital copyright, where legal certainty is vital for creators, platforms, and consumers alike.
The fine may also serve as a warning to other EU countries currently lagging in the implementation of digital market legislation.
