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Case C-490/14: Judgment of the Court (Second Chamber) of 29 October 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Freistaat Bayern v Verlag Esterbauer GmbH (Reference for a preliminary ruling — Legal protection of databases — Directive 96/9/EC — Article 1(2) — Scope — Databases — Topographic maps — Independence of materials constituting a database — Possibility of separating those materials without affecting the value of their informative content — Account taken of the purpose of a topographic map for the user)
ECLI:EU:UNKNOWN:62014CA0490
62014CA0490
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21.12.2015
Official Journal of the European Union
C 429/5
(Case C-490/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Legal protection of databases - Directive 96/9/EC - Article 1(2) - Scope - Databases - Topographic maps - Independence of materials constituting a database - Possibility of separating those materials without affecting the value of their informative content - Account taken of the purpose of a topographic map for the user))
(2015/C 429/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Freistaat Bayern
Defendant: Verlag Esterbauer GmbH
Operative part of the judgment
Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases must be interpreted as meaning that geographical information extracted from a topographic map by a third party so that that information may be used to produce and market another map retains, following its extraction, sufficient informative value to be classified as ‘independent materials’ of a ‘database’ within the meaning of that provision.
* Language of the case: German.
(OJ C 34, 2.2.2015)