CELEX: 62011CN0138
Language: en
Date: 2011-03-21 00:00:00
Title: Case C-138/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 21 March 2011 — Compass-Datenbank GmbH v Republik Österreich

25.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 186/12
            
         Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 21 March 2011 — Compass-Datenbank GmbH v Republik Österreich
   (Case C-138/11)
   2011/C 186/20
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Appellant: Compass-Datenbank GmbH
   
      Respondent: Republik Österreich
   
      Interested parties: Bundeskartellanwalt, Bundeswettbewerbsbehörde
   
      Questions referred
   
   
               1.
            
            
               Is Article 102 TFEU to be interpreted as meaning that a public authority acts as an undertaking if it stores in a database (business undertakings register) the information reported by undertakings on the basis of statutory reporting obligations and allows inspection and/or printouts to be made in return for payment, but prohibits any more extensive use?
               If the reply to Question 1 is in the negative:
            
         
               2.
            
            
               Does a public authority act as an undertaking in the case where, in reliance on its sui generis right to protection as the producer of a database, it prohibits uses which go beyond that of allowing inspection and the creation of printouts?
               If the reply to Questions 1 or 2 is in the affirmative:
            
         
               3.
            
            
               Is Article 102 TFEU to be interpreted as meaning that the principles laid down in the judgments in Joined Cases C-241/91 P and C-242/91 P RTE and ITP [1995] ECR I-743 and in Case C-418/01 IMS Health [2004] ECR I-5039 (‘essential facilities doctrine’) are also to be applied if there is no ‘upstream market’ because the protected data are collected and stored in a database (business undertakings register) in the course of a public-authority activity?