EU Databases: One Evaluation on Recitals through the Look of the Court

Albena Dobreva – University of National and World Economy, Law Faculty, Sofia, 1000, Student town, Bulgaria

Abstract

In February 2022, the European Commission published the proposal of the Data Act, Art. 35 which deals with the sui generis right of database manufacturers. The Database Directive 1996/9/EC has survived again and is about to enter the EU cloud federation almost intact. This fact re­ceived several academic headlines while almost overshadowing a landmark decision of the Court of Justice of the European Union. It is the decision in the case C-762/19 – SIA “CV-Online Latvia” v SIA “Melons”, which signals the be­ginning of a significant change in the existing jurisprudence and has the po­tential to focus the blurred image of The Directive. The Court attached great importance to recital 42 from her, which gives rise towell-founded interest. This is because the qualitative and quantitative weight of recitals in the juris­prudence of the Court of Justice of the EU is little studied and not at all in the field of the legal protection of databases. It is precisely some selected aspects of the place and the meaning of recitals in the judgments of the Court of Jus­tice of the EU in proceedings on preliminary rulings that occupy a central area in the present study.

LIMEN Conference

8th International Scientific-Business Conference – LIMEN 2022 – Leadership, Innovation, Management and Economics: Integrated Politics of Research – CONFERENCE PROCEEDINGS, Hybrid (EXE Budapest Center, Budapest, Hungary), December 1, 2022,

LIMEN Conference proceedings published by the Association of Economists and Managers of the Balkans, Belgrade, Serbia

LIMEN Conference 2022 Conference proceedings: ISBN 978-86-80194-66-0, ISSN 2683-6149, DOI:  https://doi.org/10.31410/LIMEN.2022

Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non-Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission. 

Suggested citation

Dobreva, A. (2022). EU Databases: One Evaluation on Recitals through the Look of the Court. In V. Bevanda (Ed.), International Scientific-Business Conference – LIMEN 2022: Vol 8. Conference proceedings (pp. 377-383). Association of Economists and Managers of the Balkans.  https://doi.org/10.31410/LIMEN.2022.377

References

Derclaye, E., & Husovec, M. (2022). Sui Generis Database Protection 2.0: Judicial and Legisla­tive Reforms LSE. Legal Studies Working Paper No. 11/2022, Available at SSRN: https://ssrn.com/abstract=4138436 or http://dx.doi.org/10.2139/ssrn.4138436 

European Union. (2015). Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of European Union legislation, https://op.europa.eu/en/publication-detail/-/publication/3879747d-7a3c-411b-a3a0-55c14e2ba732  

Klimas, T., & Vaiciukaite, J. (2008). The Law of Recitals in European Community Legislation. ILSA Journal of International & Comparative Law, Vol. 15. Available at SSRN: https://ssrn.com/abstract=1159604 

The judgments of the CJEU. (n.d.). https://curia.europa.eu/jcms/jcms/j_6/en/