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Case C-410/19: Judgment of the Court (Fourth Chamber) of 16 September 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — The Software Incubator Ltd v Computer Associates (UK) Ltd (Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 1(2) — Definition of ‘commercial agent’ — Supply of computer software to customers by electronic means — Grant of a perpetual licence for use — Concepts of ‘sale’ and ‘goods’)
ECLI:EU:UNKNOWN:62019CA0410
62019CA0410
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22.11.2021
Official Journal of the European Union
C 471/4
(Case C-410/19) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Self-employed commercial agents - Directive 86/653/EEC - Article 1(2) - Definition of ‘commercial agent’ - Supply of computer software to customers by electronic means - Grant of a perpetual licence for use - Concepts of ‘sale’ and ‘goods’)
(2021/C 471/04)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: The Software Incubator Ltd
Defendant: Computer Associates (UK) Ltd
Operative part of the judgment
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.
Language of the case: English
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ECLI:EU:C:2021:140