Funke Medien has not, a priori, infringed the Copyright Directive by publishing documents of the German army classified as restricted, in that its work may contribute to the duty to inform the public. It is, however, for the national court to determine in advance whether these classified documents are indeed covered by the Copyright Directive and, consequently, whether Funke Medien's work can be included in the criteria for a derogation from that Directive.
The Court of Justice of the...