Source: EURLEX
Language: en
Format: md

C 180/14 EN Official Journal of the European Communities 27.7.2002

**Reference for a preliminary ruling by the Court of Appeal** (7) Is ‘extraction’ in Article 7 of the Directive limited to the
**(England and Wales) (Civil Division), by order of that** transfer of the contents of the database directly from the
**court dated 24 May 2002, in the case of 1) The British** database to another medium, or does it also include the
**Horseracing Board Limited, 2) The Jockey Club and** transfer of works, data or other materials, which are
**3) Weatherbys Group Limited against William Hill Organ-** derived indirectly from the database, without having
**ization Limited** direct access to the database?

**(Case C-203/02)** (8) Is ‘re-utilisation’ in Article 7 of the Directive limited to
the making available to the public of the contents of the
database directly from the database, or does it also include
(2002/C 180/23) the making available to the public of works, data or other
materials which are derived indirectly from the database,
without having direct access to the database?

Reference has been made to the Court of Justice of the
(9) Is ‘re-utilisation’ in Article 7 of the Directive limited to
European Communities by an order of the Court of Appeal
the first making available to the public of the contents of
(England and Wales) (Civil Division) dated 24 May 2002,
the database?
which was received at the Court Registry on 31 May 2002, for
a preliminary ruling in the case of 1) The British Horseracing
Board Limited, 2) The Jockey Club and 3) Weatherbys Group (10) In Article 7(5) of the Directive what is meant by ‘acts
Limited against William Hill Organization Limited, on the which conflict with a normal exploitation of that database
following questions: or unreasonably prejudice the legitimate interests of the
maker of the database’? In particular, are the facts and
(1) May either of the expressions: matters in paragraphs 40-47 above in the context of the
facts and matters in paragraphs 32-35 above capable of
amounting to such acts?
(a) ‘substantial part of the contents of the database’; or

(b) ‘insubstantial parts of the contents of the database’ (11) Does Article 10(3) of the Directive mean that, whenever
there is a ‘substantial change’ to the contents of a
database, qualifying the resulting database for its own
in Article 7 of the Directive( [1] ) include works, data or
other materials derived from the database but which do term of protection, the resulting database must be
considered to be a new, separate database, including for
not have the same systematic or methodical arrangement
the purposes of Article 7(5)?
of and individual accessibility to be found in the database?

(2) What is meant by ‘obtaining’ in Article 7(1) of the
( [1] ) Directive 96/9/EC of the European Parliament and of the Council
Directive? In particular, are the facts and matters in
of 11 March 1996 on the legal protection of databases. OJ L 77,
paragraphs 24-31 above capable of amounting to such
27.3.1996, p. 20.
obtaining?

(3) Is ‘verification’ in Article 7(1) of the Directive limited to
ensuring from time to time that information contained in
a database is or remains correct?

(4) What is meant in Article 7(1) of the Directive, by the
expressions:

**Action brought on 4 June 2002 by the Commission of the**
(a) ‘a substantial part, evaluated qualitatively ... of the
**European Communities against the United Kingdom of**
contents of that database’? and
**Great Britain and Northern Ireland**

(b) ‘a substantial part, evaluated quantitatively ... of the
contents of that database’? **(Case C-210/02)**

(5) What is meant in Article 7(5) of the Directive, by the
expression ‘insubstantial parts of the database’? (2002/C 180/24)

(6) In particular, in each case:

(a) does ‘substantial’ mean something more than ‘insig- An action against the United Kingdom of Great Britain and
nificant’ and, if so, what? Northern Ireland was brought before the Court of Justice of the
European Communities on 4 June 2002 by the Commission of
(b) does ‘insubstantial’ part simply mean that it is not the European Communities, represented by Thomas Cusack,
‘substantial’? acting as agent, with an address for service in Luxembourg.