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Tuesday, 9 November 2004

REMAINING FIXTURES MARKETING JUDGMENTS PUBLISHED

The two remaining ECJ rulings in the Fixtures Marketing Ltd cases, Case C-444/02 and Case C-46/02, have now been posted on the ECJ's website.

In Case C-444/02 the ECJ ruled:

"The term database as defined in Article 1(2) of Directive 96/9 ... refers to any collection of works, data or other materials, separable from one another without the value of their contents being affected, including a method or system of some sort for the retrieval of each of its constituent materials. A fixture list for a football league such as that at issue in the case in the main proceedings constitutes a database within the meaning of Article 1(2) of Directive 96/9.

The expression ‘investment in … the obtaining … of the contents’ of a database in Article 7(1) of Directive 96/9 must be understood to refer to the resources used to seek out existing independent materials and collect them in the database. It does not cover the resources used for the creation of materials which make up the contents of a database. In the context of drawing up a fixture list for the purpose of organising football league fixtures, therefore, it does not cover the resources used to establish the dates, times and the team pairings for the various matches in the league".

In Case C-46/02 the court gave the same ruling.

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