45Second, it is true that the discretion enjoyed by the Member States in implementing the exceptions and limitations provided for in Article 5(2) and (3) of Directive 2001/29 cannot be used so as to compromise the objectives of that directive that consist in establishing a high level of protection for authors and in ensuring the proper functioning of the internal market. Nonetheless, it is also for the Member States, in effecting that implementation, to safeguard the effectiveness of the exceptions and limitations thereby established and to permit observance of their purpose, in order to safeguard a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject matter (judgments of 29 July 2019, Funke Medien NRW, C‑469/17, EU:C:2019:623, paragraphs 50 and 51, and of 29 July 2019, Spiegel Online, C‑516/17, EU:C:2019:625, paragraphs 35 and 36).