Advocate General Saugmandsgaard Oe has recommended that the CJEU finds that platforms do not engage in CTP: "Any ‘primary’ liability arising from that ‘communication’ is therefore borne, as a rule, solely by those users." 

This suggests that the Copyright Directive was not simply a reflection of CJEU jurisprudence, but rather a dramatic break with current law. It will be interesting to see how the CJEU deals with the AG opinion.