Top System (Copyright - Legal protection of computer programs - Judgment) [2021] EUECJ C-13/20 (06 October 2021)

Top System (Copyright - Legal protection of computer programs - Judgment) [2021] EUECJ C-13/20 (06 October 2021)

Article 5(1) of Directive 91/250/EEC entitles the lawful purchaser of a computer program to decompile all or part of that program to correct errors affecting its operation, including disabling a function affecting the proper operation of the application, without needing to satisfy the requirements of Article 6, provided the decompilation is necessary for correction and complies with any contractual conditions.

Citation
[2021] EUECJ C-13/20
Parties
Applicant: Top System SA; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
06 October 2021
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (fifth Chamber)
Outcome
Preliminary ruling issued; interpretation of Directive 91/250/EEC provided.
Legal Topics
Copyright in Computer Programs, Decompilation, Software Interoperability, Error Correction, Directive 91/250/eec
Intellectual Property European Union Law Copyright in Computer Programs Decompilation Software Interoperability Error Correction Directive 91/250/eec

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Parties

Top System SA

Applicant

Belgian State

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (fifth Chamber)

Legal Issues

  1. 1 Whether Article 5(1) of Directive 91/250/EEC permits the lawful purchaser of a computer program to decompile all or part of that program to correct errors, including disabling a function affecting proper operation.
  2. 2 Whether such decompilation is subject to the requirements of Article 6 of the Directive or other conditions.

Ratio Decidendi

Article 5(1) of Directive 91/250/EEC entitles the lawful purchaser of a computer program to decompile all or part of that program to correct errors affecting its operation, including disabling a function affecting the proper operation of the application, without needing to satisfy the requirements of Article 6, provided the decompilation is necessary for correction and complies with any contractual conditions.

Court Disposition

Preliminary ruling issued; interpretation of Directive 91/250/EEC provided.

Orders

  • Article 5(1) of Directive 91/250/EEC permits lawful purchasers to decompile all or part of a program to correct errors, including disabling problematic functions.
  • Such decompilation is not subject to Article 6 requirements but must be necessary for correction and comply with contractual conditions.