Super HN

The petitioner highlights that almost all personal computers come as part of a bundle that includes an OEM (original equipment manufacturer) version of one of Windows’ operating systems, the licences of which must be activated by consumers when they turn their PCs on for the first time.The petitioner believes that consumers who refuse to agree to the pre-installed operating system’s end-user licence agreement (EULA) should have the right to obtain a full refund for a product they have not activated because the EULA should be viewed as separate from the sales contract for the computer itself – an interpretation endorsed, among others, by the Italian Supreme Court of Cassation in Judgements Nos 19161/2014 and 4390/2016. The petitioner wants consumers who declined to activate the above licences to be entitled to claim refunds for them. The petitioner also wants producers – who in situations such as this only refund consumers if they return both the licences and the computers – to be required to offer a wider range of refund options. Finally, the petitioner wants this state of affairs to be considered not only as a breach of competition law (as established by the CJEU in Case C-310/2015) but also as a violation of contract law. by uno6180338 3 minutes ago