Key holding or allegation
Questions referred only. The CJEU had not delivered a merits judgment by 18 Aug 2026.
Why it matters
Potentially the most consequential pending EU-level AIGC copyright proceeding because its answers will govern interpretation across Member States.
Facts
CJEU reference from Hungary asks direct questions about LLM training, chatbot reproduction of press content and provider responsibility.
Issues before the court
Whether LLM training is reproduction; whether Article 4 DSM TDM can cover lawfully accessible works used for training; whether chatbot outputs engage reproduction/communication rights; whether provider conduct is attributable for outputs.
What the court did not decide
The CJEU has not held that LLM training is reproduction, that Article 4 TDM applies or does not apply, that Gemini outputs infringe, or that Google is liable for those outputs.
Procedural timeline
Court of Justice of the European Union
Preliminary reference lodged: CJEU received questions on whether LLM training is reproduction, whether Article 4 TDM can apply, whether chatbot outputs engage exclusive rights and whether provider conduct is attributable.
Court of Justice of the European Union
Oral hearing: Grand Chamber oral hearing held; no judgment had issued by 18 Aug 2026.