CELEX: 62019CA0410
Language: en
Date: 2021-09-16 00:00:00
Title: 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’)

22.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 471/4
            
         
      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
      (Case C-410/19) (1)
      
      (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
      
      Supreme Court of the United Kingdom
      
         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.
      
         (1)  OJ C 255, 29.7.2019.