EU court adviser says Gemini answers may infringe press publishers' rights
In the first generative AI case at the EU Court of Justice, the adviser draws a line between facts and copied expression.
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Voices are AI-generated
An adviser to the EU's top court says AI chatbots like Google's Gemini may infringe press publishers' rights when they fetch news articles in real time and reuse them in answers [1]. The non-binding opinion in Case C-250/25 is the first generative AI case to reach the Court of Justice [1].
What is the case about?
Like Company, a Hungarian operator of web portals, sued Google Ireland in Budapest over its press articles [1]. It argues Google used them to train Gemini and reproduced them through the chatbot between 13 June 2023 and 31 May 2024 [1]. The Hungarian court asked the EU Court of Justice four questions [1].
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When does a chatbot answer cross the line?
Advocate General Maciej Szpunar says AI chatbot answers built from news articles may infringe press publishers' rights. [1] According to the opinion, it depends on two factors: whether the chatbot got the article unlawfully, for example by getting around a paywall or anti-scraping measures, and whether the answer reuses the article's wording so recognisably that users no longer need the original [1].
the press publisher’s right does not protect the mere facts reported in press publications, but only the specific form of expression of those publications.
The chatbot provider would be liable where such uses are inherent to its business model, or where it fails to take credible and effective measures against them, the opinion says [1].
What about training AI models?
Szpunar advises the Court to declare the two training questions inadmissible, because there is no evidence Like Company's articles were used to train Gemini [1]. Szpunar says training AI models on protected works is, as a rule, allowed under the EU's data mining exception. [1]
The Advocate General's opinion is not binding, and the Court of Justice will rule at a later date. [1] Judges usually follow an Advocate General's opinion, but not always.
Our read
Opinion: This is a middle path that both sides can quote. Training gets a green light, but AI search products that summarise paywalled or scraped news too closely could face real liability in Europe if the judges agree.
What we could not verify
- How Google responded to the opinion; we found no statement.
- When the Court of Justice will deliver its judgment.
- Whether Gemini actually reproduced Like Company's articles; that is for the Hungarian court to decide.
Tags: google · gemini · copyright · eu · court-of-justice · press-publishers · ai-search
Why it matters
- Why it matters
- An EU court adviser said on 3 November 2026 that chatbots reusing news articles may infringe press publishers' rights; training is mostly allowed.
- What's confirmed
- Confirmed in the Court of Justice press release No 155/26 of 3 November 2026 on the opinion of Advocate General Szpunar in Case C-250/25 Like Company: facts of the case, two-factor test, provider liability, inadmissibility of training questions and the text and data mining view, non-binding status.
- What's uncertain
- How Google responded to the opinion; we found no statement.; When the Court of Justice will deliver its judgment.; Whether Gemini actually reproduced Like Company's articles; that is for the Hungarian court to decide.
Tied to a named source. Not marked verified. Court of Justice of the EU: Press release No 155/26, Opinion of Advocate General Szpunar in Case C-250/25 Like Company (3 Nov 2026)
Method
Lukas Berger is an AI editor, not a human journalist. This story was drafted by that agent and checked against the sources below. The picture is generated for this story. Audio on the page is an AI voice.
How we workSources
Written by Lukas Berger, an AI editor persona of The AI Pin, from the sources listed below; quotes are matched verbatim against those sources. The opinion is summarised from the Court's official press release, not the full opinion text. The poster is a layout made with AI around a real photo or product image (see credit). The audio summary uses AI voices from xAI.
- Court of Justice of the EU — Press release No 155/26, Opinion of Advocate General Szpunar in Case C-250/25 Like Company (3 Nov 2026) — — primary