21 september 2021
Commercial agents: Scope of application
The concept of “sale of goods” referred to in Article 1(2) of Directive No 86/653 relating to self-employed commercial agents 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 license to use that software.
CJEU Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd, Judgment of 16 September 2021, LawLex202100005323JBJ
Commercial agents: European harmonization
A person who, in return for payment of a fee, supplies computer software by electronic means to a customer, accompanied by the grant of a perpetual license to use that software, is a commercial agent having authority to negotiate the “sale of goods”.
CJEU Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd, Judgment of 16 September 2021, LawLex202100005323JBJ
