In a judgment handed down on 3 June 2021, the European Court of Justice (CJEU) has redefined the test that EEA courts must apply when establishing whether EU database rights have been infringed. In what appears to be a significant departure from existing case law, in addition to the defendant having extracted or re-utilised all or a substantial part of the contents of the database without the owner's permission, a claimant will now also need to show that the infringing acts caused “significant detriment” to the database maker’s investment.