HR 4 mei 2018, TMG Landelijke Media B.V. vs De Staat der Nederlanden

TMG demanded a financial compensation from the State, because the Netherlands had not implemented the EU Database Directive in time. The directive should have been transposed before 1 January 1998, but this happened on 1 January 2015 instead. Under Dutch law the statutory limitation period is five years. However, TMG started proceedings only on 21 September 2012, because Dutch case law had suggested that there had been no violation of the directive. The CJEU-judgment Football Dataco op 1 March 2012 showed that this case law was incorrect. Finally, the Hoge Raad decides that the claim by TMG is valid for the time from 21 September 2007, that is five years before TMG started the proceedings. ; Hoge Raad (HR) ; 11 ; Effective Protection of Fundamental Rights in a pluralist world