Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court rules for Sony in pre-installed Windows case

    EU Court rules for Sony in pre-installed Windows case

    npsnps7 September 2016Updated:25 June 2024
    — Filed under: EU Law EU News Headline2
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU Court rules for Sony in pre-installed Windows case

    Photo © Anatoly Vartanov – Fotolia

    (LUXEMBOURG) – The sale of a computer equipped with a pre-installed copy of Windows does not in itself contravene EU rules on unfair commercial practices, the European Court of Justice ruled on Wednesday.

    The case concerned a Sony laptop bought in France pre-installed with a Windows operating system as well as various other software applications.

    When using that computer for the first time, the plaintiff refused to subscribe to the operating system’s ‘end-user licence agreement’ and asked to be reimbursed by Sony for the part of the purchase price of the computer corresponding to the cost of the pre-installed software.

    Sony refused that particular reimbursement, instead offering to cancel the sale and reimburse the entire sale price, namely EUR 549, subject to return of the equipment purchased.

    The plaintiff declined, instead bringing legal proceedings against Sony for EUR 450 as a lump sum for the pre-installed software and also for EUR 2,500 for the damage suffered as a result of unfair commercial practices.

    The EU directive on unfair business-to-consumer commercial practices (Directive 2005/29/EC) prohibits unfair commercial practices which distort the economic behaviour of consumers and which are contrary to the requirements of professional diligence, including, in particular, misleading commercial practices and aggressive commercial practices.

    A French Court had asked the EU Court of Justice first, whether a commercial practice consisting of the sale of a computer equipped with pre-installed software without any option for the consumer to purchase the same model of computer not equipped with pre-installed software constitutes an unfair commercial practice and, second, whether, in the context of a combined offer consisting of the sale of a computer equipped with pre-installed software, the failure to indicate the price of each item of software constitutes a misleading commercial practice.

    The European Court rules that the sale of a computer equipped with pre-installed software does not in itself constitute an unfair commercial practice within the meaning of Directive 2005/29 , though this remains for the national court to determine taking into account the specific circumstances of the case ruling.

    On the second question, the Court said a commercial practice is regarded as misleading if it omits material information that the average consumer needs in order to make an informed transactional decision and thereby causes, or is likely to cause, the average consumer to make a transactional decision that he would not have taken otherwise.

    The failure to indicate the price of each item of software is not such as to prevent the consumer from taking an informed transactional decision, said the Court, or likely to cause the average consumer to make a transactional decision that he would not have taken otherwise.

    Judgement in Case C-310/15 Vincent Deroo-Blanquart v Sony Europe Limited – Court documents

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    New European Bauhaus - La Marjal Floodable Urban Park. Alicante

    EU awards 2026 New European Bauhaus prizes for sustainable and inclusive projects

    European Central Bank governing council meeting - Photo © European Central Bank 2026

    ECB faces tough decision in October as equities begin to wilt under high interest rates

    Nature butterfly - Image by Day from Pixabay

    WWF urges EU to maintain its nature ambitions at biodiversity COP and at home

    Sponsor: WWF14 October 2026
    Law standards regulations - Image by Pixabay

    Less burden, better investment: SMEunited’s message to EU leaders

    Sponsor: SMEunited14 October 2026
    E-waste - Image by Thomas from Pixabay

    12.3 kg of e-waste per person collected in EU

    Military helicopter - Photo by Dominik Gryzbon on Pexels

    EU disburses €2.86 bn to Ukraine for drones, missiles and urgent battlefield needs

    LATEST EU NEWS
    New European Bauhaus - La Marjal Floodable Urban Park. Alicante

    EU awards 2026 New European Bauhaus prizes for sustainable and inclusive projects

    16 October 2026
    European Central Bank governing council meeting - Photo © European Central Bank 2026

    ECB faces tough decision in October as equities begin to wilt under high interest rates

    15 October 2026
    E-waste - Image by Thomas from Pixabay

    12.3 kg of e-waste per person collected in EU

    14 October 2026
    Military helicopter - Photo by Dominik Gryzbon on Pexels

    EU disburses €2.86 bn to Ukraine for drones, missiles and urgent battlefield needs

    14 October 2026
    AI artificial intelligence chatbot - Image by Tim Witzdam from Pexels

    42 per cent of smaller European companies use AI

    14 October 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?