Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 10/09/2008

Subject: The Court ruled that the transfer of material from a protected database to another database following an on screen consultation of the first database and an individual assessment of the material contained in that first database is capable of constituting an ‘extraction’, within the meaning of Article 7 of Directive 96/9/EC, to the extent that – which it is for the referring court to ascertain – such operation amounts to the transfer of a substantial part, evaluated qualitatively or quantitatively, of the contents of the protected database, or to transfers of insubstantial parts which, by their repeated or systematic nature, would have resulted in the reconstruction of a substantial part of those contents.

Parties: Directmedia Publishing GmbH

Classification: Freedoms - Art. 17 Right to property

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