Dutch Supreme Court can choose to follow his advice. Advocate-General Toon Huydecoper is also of the opinion that the European Court of Justice should be the first Court to offer its opinion about matters such as these, including whether the current Dutch Private Copying Levy regime is in accordance with the Berne Three Step Test.
Dutch language news article:
http://webwereld.nl/nieuws/110527/hoge-raad-overweegt-downloadverbod-pl-s-heffing.html
Previously:
Dutch Advocate General proposes to submit prejudicial questions to the ECJ about the private copying levy
http://vrritti.com/2012/05/17/dutch-advocate-general-proposes-to-submit-prejudicial-questions-to-the-ecj-about-the-private-copying-levy/