“…erstanding how the term “goods” has been understood by the commercial parties at whom the Regulations and Directive are aimed. Mr Dhillon directed the court to Case C-85/03,Mavrona & Sia OE v. Delta Etairia Symmetochon AE, Order of the Court dated 10 February 2004, at [15]:…”
“…approach to construction is to determine the autonomous meaning of the Directive in the context of its purposes as set out in its preambles: Usedsoft v Oracle (Case C-85/03) [2012] 3 C.M.L.R. 44. at [39] – [41]. He submitted that the fact the legislators did not contemplate software when drafting the legislation justified a purpos…”