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Document 62019CN0410

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

OJ C 255, 29.7.2019, p. 27–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

29.7.2019   

EN

Official Journal of the European Union

C 255/27


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

(Case C-410/19)

(2019/C 255/36)

Language of the case: English

Referring court

Supreme Court of the United Kingdom

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?


(1)  OJ 1986, L 382, p. 17


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