The time at which extraction from an electronic database takes place is the time at which the materials being extracted are placed on a medium other than that of the original database, independently of whether they are placed there permanently or temporarily (Case 545/07, Apis Hristovih EOOD v. Lakorda AD, paragraph 45). The time of extraction is essential for civil proceedings for infringement of database rights and the burden to prove this specific moment lies with the claimant (in addition to proving the fact of infringement). In proceedings for infringement of database rights the content of the respective databases should be compared as at the time of claimed extraction.
Where the claima [...]
On 21 June 2012, Advocate General Cruz Villalón delivered his opinion in Case C-173/11: Football Dataco Ltd and Ors v. Sportradar GmbH and Ors regarding a question where the use of the content of a database protected by sui generis database right takes place.
It has been four months since the Court of Justice delivered its judgment in Case C-604/10 Football Dataco Ltd, and Ors. v Yahoo! And Ors. (see E.Derclaye’s comment here) holding that inter alia that “significant labour and skill of the author of the database cannot as such justify the protection of it by copyright under Directive 96/9, if that labour and that skill do not express any originality in the selection or arrangement of [...]