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Case C-410/19: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 27 May 2019 — The Software Incubator Ltd v Computer Associates (UK) Ltd
ECLI:EU:UNKNOWN:62019CN0410
62019CN0410
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29.7.2019
Official Journal of the European Union
C 255/27
(Case C-410/19)
(2019/C 255/36)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: The Software Incubator Ltd
Defendant: Computer Associates (UK) Ltd
Questions referred
1.Where a copy of computer software is supplied to a principal’s customers electronically, and not on any tangible medium, does it constitute ‘goods’ within the meaning of that term as it appears in the definition of a commercial agent in Article 1(2) of Council Directive 86/653/EEC of December 1986 on the co-ordination of the laws of member states relating to self-employed commercial agents (1) (‘Directive’)?
2.Where computer software is supplied to a principal’s customers by way of the grant to the customer of a perpetual licence to use a copy of the computer software, does that constitute a ‘sale of goods’ within the meaning of that term as it appears in the definition of commercial agent in Article 1(2) of the Directive?
Language of the case: English
(1) OJ 1986, L 382, p. 17