Schließen

Decision of the Münster Procurement Chamber of March 04, 2016

Insofar as the customer fears that he will be held liable by the manufacturer Microsoft for injunctive relief or compensation for damages when using software with used licenses ... this "risk" is no longer factually comprehensible due to the supreme court rulings of the EuGH 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 Federal Court of Justice even states ... that it is not even possible to recognize a loss of assets at Microsoft.

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

Both the case law of the EuGH and the decisions of the BGH are supreme and final judgments.