Case Study: Benefits of EuroGeographics Membership – Representation

“EuroGeographics is a platform for creating a strong network of geospatial agencies, exchanging knowledge and promoting the reuse of our data for European purposes. In particular, the Association proved its efficiency and strength in providing a European view on specific legal issues related to geospatial information management.”

Pier-Giorgio Zaccheddu, Head of Executive Unit – International Affairs,  Federal Agency for Cartography and Geodesy, Germany

Challenge

Germany’s Federal Agency for Cartography and Geodesy and Working Committee of the Surveying Authorities of the Laender asked EuroGeographics members to support their view that geographical information extracted from a map is protected under the Database Directive.

The hearing at the European Court of Justice (CJEU) was the first time the Directive had been tested against maps and map data. It followed a challenge to a German court decision which found that official topographic data of Bavaria had been used in commercial leisure maps without paying the required licence fee.

Solution

EuroGeographics’ members, and in particular the Policy Knowledge Exchange Network, actively supported their German colleagues by outlining their collective concerns. Submissions were subsequently made to the CJEU by the German, Austrian, Belgian, Italian, Polish, Portuguese, and Spanish members. Six more members (Greece, France, Hungary, The Netherlands, Great Britain and Northern Ireland) offered to support for possible oral proceedings.

The CJEU found that geographical information extracted from a map is protected under the Database Directive. As a result, a map can be classified as a collection of independent materials which can be separated without affecting their informative value.

Benefits

• Supported members in Germany with the powerful collective voice of national organisations responsible for official geospatial data.
• Strengthened members’ interests and positions by providing a coordinated response.
• Presented compelling argument for the protection of maps and data (both analogue and digital) from official national sources.
• Clarified compliance of database protection and licensing practice with EU legislation on authoritative geospatial information and its re-use.