EU Court of Justice decides that the owner of an online database not protected by copyright or the sui generis right may limit its use contractually

On 15 January 2015, the CJEU issued its decision in Case C-30/14, Ryanair v. PR Aviation, a reference for a preliminary ruling from The Netherlands seeking clarification as regards the EU Database Directive 96/9.

The case concerns a legal dispute between the Dutch company PR Aviation, which operates a website that allows customers in The Netherlands to compare the prices of low-cost airlines and, upon payment of a commission, book a flight.

The CJEU now concluded that the EU Database Directive only applies to databases protected by copyright or the sui generis right, and that the holder of a publicly accessible database is free to determine by contract and in compliance with the applicable national law the conditions of use of its database.

The complete decision is available here.