CELEX: 62010CA0604
Language: en
Date: 2012-03-01 00:00:00
Title: Case C-604/10: Judgment of the Court (Third Chamber) of 1 March 2012 (reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Football Dataco Ltd and Others v Yahoo! UK Limited and Others (Directive 96/9/EC — Legal protection of databases — Copyright — Football league fixture lists)

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/5
            
         Judgment of the Court (Third Chamber) of 1 March 2012 (reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Football Dataco Ltd and Others v Yahoo! UK Limited and Others
   (Case C-604/10) (1)
   
   (Directive 96/9/EC - Legal protection of databases - Copyright - Football league fixture lists)
   2012/C 118/08
   Language of the case: English
   
      Referring court
   
   Court of Appeal (England & Wales) (Civil Division)
   
      Parties to the main proceedings
   
   
      Applicants: Football Dataco Ltd, Football Association Premier League Ltd, Football League Ltd, Scottish Premier League Ltd, Scottish Football League, PA Sport UK Ltd
   
      Defendants: Yahoo! UK Ltd, Stan James (Abingdon) Ltd, Stan James plc, Enetpulse ApS
   
      Re:
   
   Reference for a preliminary ruling — Court of Appeal, United Kingdom — Interpretation of Article 3(1) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 2003 L 77, p. 20) — Concept of ‘databases which, by reason of the selection or arrangement of their contents, constitute the author’s own intellectual creation’ — Computerised catalogues of the football matches planned for the coming season
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 3(1) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases must be interpreted as meaning that a ‘database’ within the meaning of Article 1(2) of that directive is protected by the copyright laid down by that directive provided that the selection or arrangement of the data which it contains amounts to an original expression of the creative freedom of its author, which is a matter for the national court to determine.
               As a consequence:
               
                           —
                        
                        
                           the intellectual effort and skill of creating that data are not relevant in order to assess the eligibility of that database for protection by that right;
                        
                     
                           —
                        
                        
                           it is irrelevant, for that purpose, whether or not the selection or arrangement of that data includes the addition of important significance to that data, and
                        
                     
                           —
                        
                        
                           the significant labour and skill required for setting up that database cannot as such justify such a protection if they do not express any originality in the selection or arrangement of the data which that database contains.
                        
                     
         
               2.
            
            
               Directive 96/9 must be interpreted as meaning that, subject to the transitional provision contained in Article 14(2) of that directive, it precludes national legislation which grants databases, as defined in Article 1(2) of the directive, copyright protection under conditions which are different to those set out in Article 3(1) of the directive.
            
         
      (1)  OJ C 89, 19.3.2011.