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DOI: 10.5553/EELC/187791072021006003023

European Employment Law CasesAccess_open

Rulings

ECJ 16 September 2021, case C-410/19 (The Software Incubator Ltd), Miscellaneous

The Software Incubator Ltd – v – Computer Associates (UK) Ltd, UK Case

Keywords Miscellaneous
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, "ECJ 16 September 2021, case C-410/19 (The Software Incubator Ltd), Miscellaneous", European Employment Law Cases, 3, (2021):187-188

    The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software.

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    • Summary

      The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software.

    • Question

      Must the concept of ‘sale of goods’ referred to in Article 1(2) of Directive 86/653 be interpreted as meaning that it can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant of a perpetual licence to use that software?

    • Ruling

      The concept of ‘sale of goods’ referred to in Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that it can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant of a perpetual licence to use that software.


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