Judgment — ECLI:EU:C:2015:10
Date: 2015-01-15
Language of the case: Dutch
Court formation: Second Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary — Judgment of the Court (Second Chamber), 15 January 2015 1. Acts of the institutions — Directives — Direct effect — Limits — Possibility to rely upon a directive against an individual — Not included — Implementation by Member States — Obligations of national courts (Art. 288, third para., TFEU) 2. Approximation of laws — Legal protection of databases — Directive 96/9 — Concept of database — Broad interpretation (European Parliament and Council Directive 96/9, Art. 1(2)) 3. Approximation of laws — Legal protection of databases — Directive 96/9 — Scope — Databases not protected by copyright or the sui generis right — Not included — Possibility for the author of the database to lay down contractual limits on its use (European Parliament and Council Directive 96/9, Arts 1(2), 3(1), 6(1), 7(1), 8 and 15) 1. See the text of the decision. (see paras 30, 31) 2. The concept of ‘database’ within the meaning of Article 1(2) of Directive 96/9 on the legal protection of databases, confers a wide scope on that concept, unencumbered by considerations of a formal, technical or material nature. (see paras 32, 33) 3. Directive 96/9 on the legal protection of databases must be interpreted as not being applicable to a database which is not protected either by copyright or by the sui generis right under that directive, so that Articles 6(1), 8 and 15 thereof do not preclude the author of such a database from laying down contractual limitations on its use by third parties, without prejudice to the applicable national law. The fact that a database corresponds to the definition set out in Article 1(2) of Directive 96/9 does not justify the conclusion that it falls within the scope of the provisions of that directive governing copyright and/or the sui generis right if it fails to satisfy either the condition of application for protection by copyright laid down in Article 3(1) of that directive or the conditions of application for the protection by the sui generis right in Article 7(1) thereof. In that regard, it is clear from the purpose and structure of Directive 96/9 that Articles 6(1), 8 and 15 thereof, which establish mandatory rights for lawful users of databases, are not applicable to a database which is not protected either by copyright or by the sui generis right under that directive, so that it does not prevent the adoption of contractual clauses concerning the conditions of use of such a database. (see paras 35, 39, 45, operative part)