Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202
“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk