2.7.2011   

EN

Official Journal of the European Union

C 194/10


Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 8 April 2011 — Football Dataco Ltd, Scottish Premier League Ltd, Scottish Football League, PA Sport UK Ltd v Sportradar GmbH (a company registered in Germany), Sportradar (a company registered in Switzerland)

(Case C-173/11)

2011/C 194/13

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicants: Football Dataco Ltd, Scottish Premier League Ltd, Scottish Football League, PA Sport UK Ltd

Defendants: Sportradar GmbH (a company registered in Germany), Sportradar (a company registered in Switzerland)

Questions referred

1.

Where a party uploads data from a database protected by sui generis right under Directive 96/9/EC (1) (‘the Database Directive’) onto that party's web server located in member state A and in response to requests from a user in another member state B the web server sends such data to the user's computer so that the data is stored in the memory of that computer and displayed on its screen

(a)

is the act of sending the data an act of ‘extraction’ or ‘re-utilisation’ by that party?

(b)

does any act of extraction and/or re-utilisation by that party occur

(i)

in A only

(ii)

in B only or

(iii)

in both A and B?


(1)  Directive 96/9/EC of the European Parliament and of the Council of 11 march 1996 on the legal protection of databases, OJ L 77, p. 20