Innoweb (Judgment of the Court) [2013] EUECJ C-202/12 (19 December 2013)

Innoweb (Judgment of the Court) [2013] EUECJ C-202/12 (19 December 2013)

An operator who makes available on the Internet a dedicated meta search engine that provides a search form with similar functionality to the database site, translates user queries in real time to the database's search engine, and presents results in its own format, re-utilises the whole or a substantial part of the contents of a protected database under Article 7(1) of Directive 96/9/EC.

Citation
[2013] EUECJ C-202/12
Parties
Applicant: Innoweb BV; Respondent: Wegener ICT Media BV; Respondent: Wegener Mediaventions BV
Jurisdiction
European Union
Judgment Date
19 December 2013
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Ruling on Referred Questions
Outcome
Preliminary ruling issued; Article 7(1) of Directive 96/9/EC applies to the described meta search engine activity.
Legal Topics
Database Rights, Sui Generis Right, Re Utilisation of Databases, Directive 96/9/ec, Meta Search Engines
Intellectual Property European Union Law Database Rights Sui Generis Right Re Utilisation of Databases Directive 96/9/ec Meta Search Engines

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Parties

Innoweb BV

Applicant

Wegener ICT Media BV

Respondent

Wegener Mediaventions BV

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Ruling on Referred Questions

Legal Issues

  1. 1 Whether the operation of a dedicated meta search engine constitutes re-utilisation of the whole or a substantial part of a protected database under Article 7(1) of Directive 96/9/EC.

Ratio Decidendi

An operator who makes available on the Internet a dedicated meta search engine that provides a search form with similar functionality to the database site, translates user queries in real time to the database's search engine, and presents results in its own format, re-utilises the whole or a substantial part of the contents of a protected database under Article 7(1) of Directive 96/9/EC.

Court Disposition

Preliminary ruling issued; Article 7(1) of Directive 96/9/EC applies to the described meta search engine activity.

Orders

  • Article 7(1) of Directive 96/9/EC must be interpreted as meaning that an operator who makes available on the Internet a dedicated meta search engine as described re-utilises the whole or a substantial part of the contents of a protected database.