Source: All England Reporter
Publisher Citation: [2012] All ER (D) 211 (Oct)
Court: Court of Justice of the European Union (Third Chamber)

Judges Silva de Lapuerta (acting as President of the Third Chamber), Lenaerts (Rapporteur), Arestis, Malenovsky and Svaby

Judgment Dates: 18 October 2012


European Union - Intellectual property rights - Database rights - Infringement - Compilation of 'fixture lists' for football matches in England and Scotland - Claimants commencing proceedings against defendants in High Court of England and Wales alleging infringement by extraction or re-utilisation of substantial part or repeated use of insubstantial parts by defendants - First defendant challenging jurisdiction of High Court to hear case - High Court ruling it had jurisdiction to hear part of case concerning defendants' joint liability, but declining jurisdiction over part of case concerning first defendant's primary liability - Parties appealing to Court of Appeal of England and Wales - Court of Appeal staying proceedings and referring question to Court of Justice of European Union - Scope of act of 'extraction' or 're-utilisation' of data - Interpretation of Directive - Directive (EC) 96/9, art 7.

The Case

European Union Intellectual property rights. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 7 of Directive 96-9-EC of the European Parliament and of the Council (on the legal protection of databases). The reference had been made in proceedings between Football Dataco Ltd, Scottish Premier League Ltd, Scottish Football League and PA Sport UK Ltd and Sportradar GmbH and Sportradar AG concerning, amongst other things, an alleged infringement by Sportradar of the sui generis right which Football Dataco and others claimed to have in a database relating to football league matches in progress (Football Live).

Practice Areas

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