Database right and exhaustion: can you help?

Database right and exhaustion: can you help?

Right: perplexed? You can always ask the IPKat

A friend of the IPKat has written to him today as follows:

"Have there been any decisions relating to the exhaustion of database right in respect of the right to control resale of an item such as a CD which holds that database after the copy in question has been previously sold within the Community by the rightholder or with his consent (Database Directive Art.7(2)(a); Copyright and Rights in Database Regs r.12(5)). I have looked in Copinger and run searches in Lawtel, LexisNexis etc but have had no hits on this whatsoever".

The IPKat tried BAILII too, but to no avail. Suspecting that there may be some German, French and Dutch case law that addresses the issue, he asks readers not just from the United Kingdom but throughout the European Union: do you know of any such cases and can you give any references or details? Please post your answers (if any) below or email the IPKat here.