Fixtures Marketing (Approximation of laws) [2004] EUECJ C-46/02 (09 November 2004)

Fixtures Marketing (Approximation of laws) [2004] EUECJ C-46/02 (09 November 2004)

The creation of fixture lists for football matches involves investment in the creation of data, not in the obtaining of existing independent materials; therefore, such investment does not qualify for sui generis protection under Article 7(1) of Directive 96/9/EC.

Citation
[2004] EUECJ C-46/02
Parties
Applicant: Fixtures Marketing Limited; Respondent: Oy Veikkaus Ab
Jurisdiction
European Union
Judgment Date
09 November 2004
Procedural Posture
Reference for Preliminary Ruling / Preliminary Ruling
Outcome
Request for preliminary ruling admissible; fixture lists not eligible for sui generis database protection under Article 7(1) of Directive 96/9/EC.
Legal Topics
Database Protection, Copyright, Sui Generis Right
Intellectual Property European Union Law Database Protection Copyright Sui Generis Right

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Parties

Fixtures Marketing Limited

Applicant

Oy Veikkaus Ab

Respondent

Procedural Posture

Reference for Preliminary Ruling / Preliminary Ruling

Legal Issues

  1. 1 Interpretation of 'investment in the obtaining of the contents' under Article 7(1) of Directive 96/9/EC
  2. 2 Eligibility of football fixture lists for database protection
  3. 3 Scope of sui generis right

Ratio Decidendi

The creation of fixture lists for football matches involves investment in the creation of data, not in the obtaining of existing independent materials; therefore, such investment does not qualify for sui generis protection under Article 7(1) of Directive 96/9/EC.

Court Disposition

Request for preliminary ruling admissible; fixture lists not eligible for sui generis database protection under Article 7(1) of Directive 96/9/EC.

Orders

  • The expression 'investment in the obtaining of the contents' of a database in Article 7(1) of Directive 96/9/EC refers to resources used to seek out existing independent materials and collect them in the database, not to the creation of materials.