Decision of the Münster Public Procurement Chamber dated March 04 2016

Insofar as the customer fears that the manufacturer Microsoft will assert claims for injunctive relief or compensation for damages when using software with used licenses ..., this "risk" is no longer objectively comprehensible due to the highest court rulings of the ECJ and the BGH.

The legal consequence of this case law is that the manufacturer (Microsoft) can have neither a claim for injunctive relief nor a claim for damages against the purchaser.

The BGH even states ... that it is not even possible to recognize a loss of assets at Microsoft.

Used licenses are not licenses that differ from the original, but "used" software with a "used" license is indistinguishable from the new version.

Both the case law of the ECJ and the decisions of the BGH are final and conclusive judgments of the highest courts.