In Case C-310/15 Vincent Deroo-Blanquart v Sony Europe Limited, the Court of Justice of the European Union (CJEU) held 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/EC (the "Directive").
The CJEU had been asked by the French Cour de Cassation to consider:
- 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 without the pre-installed software constituted an unfair commercial practice
- Whether, in the context of the combined offer of the sale, the failure to indicate the price of each item of software constituted a misleading commercial practice
The CJEU found, in response to the first question, that the sale of the computer equipped with pre-installed software does not in itself constitute an unfair commercial practice when such an offer is not contrary to the requirements of professional diligence and is not likely to distort the economic behaviour of consumers.
In relation to the second question, the CJEU emphasised that a commercial practice will only be regarded as misleading if it omits material information from the consumer, and, due to the fact that the price of each of those items of software could not be held to constitute material information, the failure to indicate the price was not misleading.