Source: EURLEX
Language: en
Format: md

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| 24.2.2020 | EN | Official Journal of the European Union | C 61/15 |

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Judgment of the Court (Fifth Chamber) of 18 December 2019 (request for a preliminary ruling from the Cour d’appel de Paris — France) — IT Development SAS v Free Mobile SAS

(Case C-666/18) [(1)](#ntr1-C_2020061EN.01001502-E0001)

(Reference for a preliminary ruling - Intellectual property - Enforcement of intellectual property rights - Directive 2004/48/EC - Legal protection of computer programs - Directive 2009/24/EC - Software licence agreement - Unauthorised modification of the source code of a computer program by a licensee in breach of the licence agreement - Action for infringement brought by the author of the program against the licensee - Nature of the applicable liability regime)

(2020/C 61/18)

Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings

Applicant: IT Development SAS

Defendant: Free Mobile SAS

Operative part of the judgment

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights and Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs must be interpreted as meaning that the breach of a clause in a licence agreement for a computer program relating to the intellectual property rights of the owner of the copyright of that program falls within the concept of ‘infringement of intellectual property rights’, within the meaning of Directive 2004/48, and that, therefore, that owner must be able to benefit from the guarantees provided for by that directive, regardless of the liability regime applicable under national law.

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