Price-comparison websites in the EU are often lawful because the websites they take their information from are databases frequently unprotected by either copyright or the ‘sui generis’ right enshrined in the EU’s Database Directive 96/9/EC. This is true of Ryanair’s website. But Ryanair’s website is however protected by a plank of deviant Dutch ‘copyright’ law. In this case, a Dutch website that compares the price of airfares is seeking to rely on a Dutch exception to the Dutch ‘copyright’ rule, an exception that corresponds to one found in the EU’s Database Directive. The legal question has become whether the Directive applies to all databases and thus websites – even the unprotected ones – and, if so, whether the price-comparison website qualifies as a ‘lawful user’, who does not need to obtain Ryanair’s consent to use Ryanair’s website.
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Case C-518/13, Eventech – driving a minicab through the rules governing bus lanes
London’s bus lanes can generally be used by ‘black cabs’ but not by ‘minicabs’. Do the rules underpinning that distinction: involve the use of state resources, constitute a disproportionate response in view of the policy aims of bus lanes, and threaten to affect trade between the Member States? If they do, then they could be an illegal state aid.
Continue readingCase C-328/13, Österreichischer Gewerkschaftsbund – in the wake of collective agreements
Can the EU’s transfer of undertakings Directive 2001/23 be relied upon to stop workers becoming seriously worse off when a parent-company decides that the terms and conditions of its employees will no longer be governed by the collective agreement that binds the parent-company but by the collective agreement that binds a daughter-company?
Continue readingCase C-351/12, OSA – EU copyright law checks in for a long stay at a health spa
For the purposes of the EU’s InfoSoc Directive 2001/29, are the televisions and radios found in Czech health spas communicating copyright-protected works to the public?
Continue readingCase C-446/12, Willems – No fingerprints? No Dutch passport. No travel outside the EU.
Are the Dutch rules requiring the fingerprinting of all applicants for a Dutch passport compatible with EU law?
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