IT Development (Judgment) French Text [2019] EUECJ C-666/18 (18 December 2019)

IT Development (Judgment) French Text [2019] EUECJ C-666/18 (18 December 2019)

The violation by a licensee of a clause in a software licence agreement concerning the intellectual property rights of the copyright holder constitutes an 'infringement of intellectual property rights' under Directive 2004/48/EC. Therefore, the right holder must be able to benefit from the guarantees provided by that directive, regardless of the liability regime applicable under national law.

Citation
[2019] EUECJ C-666/18
Parties
Applicant: IT Development SAS; Respondent: Free Mobile SAS
Jurisdiction
European Union
Judgment Date
18 December 2019
Procedural Posture
Preliminary Reference / Judgment on Preliminary Question
Outcome
Preliminary ruling issued; question answered.
Legal Topics
Software Copyright, License Agreements, Infringement, Remedies, Directive Interpretation
Intellectual Property European Union Law Software Copyright License Agreements Infringement Remedies Directive Interpretation

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Parties

IT Development SAS

Applicant

Free Mobile SAS

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Question

Legal Issues

  1. 1 Does violation of a software licence clause by a licensee constitute an 'infringement of intellectual property rights' under Directive 2004/48/EC, entitling the right holder to the directive's guarantees, regardless of whether national law treats the breach as contractual or tortious?

Ratio Decidendi

The violation by a licensee of a clause in a software licence agreement concerning the intellectual property rights of the copyright holder constitutes an 'infringement of intellectual property rights' under Directive 2004/48/EC. Therefore, the right holder must be able to benefit from the guarantees provided by that directive, regardless of the liability regime applicable under national law.

Court Disposition

Preliminary ruling issued; question answered.

Orders

  • Directives 2004/48/EC and 2009/24/EC must be interpreted as meaning that violation of a clause in a software licence agreement concerning the intellectual property rights of the copyright holder constitutes an 'infringement of intellectual property rights' under Directive 2004/48/EC, entitling the right holder to...