ECJ 16 September 2021, Case C-410/19 (The Software Incubator Ltd), Miscellaneous

Summary

The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software.

Question

Must the concept of ‘sale of goods’ referred to in Article 1(2) of Directive 86/653 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?

Ruling

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.