C-215/07

Verlag Schawe GmbH v Sächisches Druck – und Verlagshaus AG

The following questions are referred to the Court of Justice of the European communities for preliminary ruling:

(a).Do Article 7(1) and (5) and Article 9 of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 1996 L 77, p. 20) prohibit a legal provision of a Member State, according to which an official database which is published as a matter of general information for official purposes (in this instance: a systematic and complete collection of all call for tender documents emanating from a German Land) does not benefit from sui generis protection under the directive?

(b).If the answer to (a) is in the negative: is this also the case where the database is constructed not by a public body but by a private undertaking on its behalf, to which all bodies of the Land issuing calls for tender must directly submit their calls for tender documents for publication?