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Case C-762/19: Request for a preliminary ruling from the Rīgas apgabaltiesas Civillietu tiesu kolēģija (Latvia) lodged on 17 October 2019 — SIA ‘CV-Online Latvia’ v SIA ‘Melons’

ECLI:EU:UNKNOWN:62019CN0762

62019CN0762

October 17, 2019
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Valentina R., lawyer

16.12.2019

EN

Official Journal of the European Union

C 423/30

(Case C-762/19)

(2019/C 423/37)

Language of the case: Latvian

Referring court

Parties to the main proceedings

Applicant at first instance and respondent: SIA ‘CV-Online Latvia’

Defendant at first instance and appellant: SIA ‘Melons’

Questions referred

1.Should the defendant’s activities, which consist in using a hyperlink to redirect end users to the applicant’s website, where they can consult a database of job advertisements, be interpreted as falling within the definition of ‘re-utilisation’ in Article 7(2)(b) of the Directive of 11 March 1996 (1) on the legal protection of databases, more specifically, as the re-utilisation of the database by another form of transmission?

2.Should the information containing the meta tags that is shown in the defendant’s search engine be interpreted as falling within the definition of ‘extraction’ in Article 7(2)(a) of the Directive of 11 March 1996 on the legal protection of databases, more specifically, as the permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form?

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

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