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Case C-138/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 21 March 2011 — Compass-Datenbank GmbH v Republik Österreich
ECLI:EU:UNKNOWN:62011CN0138
62011CN0138
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Valentina R., lawyer
25.6.2011
Official Journal of the European Union
C 186/12
(Case C-138/11)
2011/C 186/20
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Compass-Datenbank GmbH
Respondent: Republik Österreich
Interested parties: Bundeskartellanwalt, Bundeswettbewerbsbehörde
Questions referred
1.Is Article 102 TFEU to be interpreted as meaning that a public authority acts as an undertaking if it stores in a database (business undertakings register) the information reported by undertakings on the basis of statutory reporting obligations and allows inspection and/or printouts to be made in return for payment, but prohibits any more extensive use?
If the reply to Question 1 is in the negative:
2.Does a public authority act as an undertaking in the case where, in reliance on its sui generis right to protection as the producer of a database, it prohibits uses which go beyond that of allowing inspection and the creation of printouts?
If the reply to Questions 1 or 2 is in the affirmative:
3.Is Article 102 TFEU to be interpreted as meaning that the principles laid down in the judgments in Joined Cases C-241/91 P and C-242/91 P RTE and ITP [1995] ECR I-743 and in Case C-418/01 IMS Health [2004] ECR I-5039 (‘essential facilities doctrine’) are also to be applied if there is no ‘upstream market’ because the protected data are collected and stored in a database (business undertakings register) in the course of a public-authority activity?