40As regards, in the second place, the restrictions that may be imposed by a Member State on the exceptions or limitations set out in Article 5(3)(c) of Directive 2001/29, the Court notes, as a preliminary point, that the scope of the Member States’ discretion in the transposition into national law of a particular exception or limitation referred to in Article 5(3) of Directive 2001/29 must be determined on a case-by-case basis, in particular, according to the wording of that provision, the degree of the harmonisation of the exceptions and limitations intended by the EU legislature being based on their impact on the smooth functioning of the internal market (judgment of 29 July 2019, Spiegel Online, C‑516/17, EU:C:2019:625, paragraph 25 and the case-law cited).