Legal alert

Online database infringement takes place in targeted Member State

October 19, 2012
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Legal alert

On 18 October 2012, the EU Court of Justice (“CJ”) rendered its decision in Football Dataco v Sportradar (C-173/11).

On 18 October 2012, the EU Court of Justice (“CJ“) rendered its decision in Football Dataco v Sportradar (C-173/11). The CJ ruled that the (online) use  Sportradar et al. make of Football Dataco’s  data  is considered unauthorised re-utilisation within the meaning of Article 7 of Directive 96/9/EC (the “Database Directive“)[i]. Re-utilisation is defined very broadly. The CJ also ruled that database infringement takes place, at least, in the Member State particularly targeted by the re-utilisation. The CJ provides some guidelines for determining whether infringement is targeted at a Member State.

 

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