CELEX: 62019CN0410
Language: en
Date: 2019-05-27 00:00:00
Title: 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

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