Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)
Chancery Division of the High Court

Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

Fecha: 10-Oct-2025

Re-utilisation

Re-utilisation

57.

The CJEU has held that, like extraction, re-utilisation is to be given a broad construction, see Innoweb BV v Wegener ICT Media (C-202/12) EU:C:2013:850, at [33] and [38]. The term:

‘refers to any unauthorised act of distribution to the public of the contents of a protected database or a substantial part of such contents …’ (Innoweb at [37]).

58.

The interpretation of ‘substantial’ as discussed by the CJEU in Directmedia in the context of extraction applies equally to re-utilisation, see BHB at [50]. As with extraction, re-utilisation may be indirect, without the re-utilising party having access to the database protected, see BHB at [53].