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IT Development SAS v. Free Mobile SAS

Case C-666/18 (2019)

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IT Development SAS v. Free Mobile SAS

European Union Court of Law
Case C-666/18 (2019)

Facts

France-based IT Development SAS (plaintiff) entered a licensing agreement to provide project-management software to Free Mobile SAS (defendant), a mobile-phone provider. IT Development brought a tort action against Free Mobile in the French court system, alleging that Free Mobile had altered the source code of IT Development’s software in violation of the licensing agreement. The trial court ruled against IT Development, holding that tortious liability for infringement of intellectual property could not exist alongside a claim that was based on breach of contract. IT Development appealed. The court of appeals referred the matter to the European Union (EU) Court of Justice for a preliminary ruling, noting that copyright infringement was generally a tort-based action under French law and that French law did not allow a party to be held liable in both contract and tort for the same underlying act.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Intellectual Property

Key Terms