Key rulings on case law
Trade is based on landmark judgements that provide clarity across Europe:
- The Digital Breakthrough (ECJ 2012): Software downloads are legally equivalent to physical data carriers. Manufacturers’ contractual resale restrictions are invalid under the principle of exhaustion.
- Confirmation at national level (Federal Court of Justice 2013): Access to the software (e.g. via a key) must be fully guaranteed for the subsequent purchaser.
- Maximum flexibility (Federal Court of Justice 2014): Volume licences may be split up in a legally compliant manner. We can offer you exactly the number of licences you actually need.