The UK isn't the only country to be getting quite strict in this regard: Germany being a prime example.
Do you have examples of people being charged for this in Germany?
Can you please cite the German law for that?
To my knowledge, there is nothing in German that is illegal to view, only publishing and in few cases (child pornography) ownership is restricted.
The ECJ can overrule an existing law, it cannot stop it from being approved. They have shut down similar laws in the past. This time I guess the UK government estimates they'll be out of the EU before the ECJ can do anything about it.