Anyone trading software licenses in the EU repeatedly hears the same myths: "Keys are illegal," "Microsoft forbids it," "Only with a data carrier will it work." This is precisely where it's worth taking a look at the legal situation:
Because: The resale of software licenses is generally permissible within the EU, confirmed by a landmark ruling of the European Court of Justice (ECJ).
| Note: This is general information and not legal advice.
What did the ECJ decide?
In case C-128/11 (UsedSoft ./. Oracle), the ECJ clarified in 2012: The distribution right of the manufacturer is "exhausted" when a software copy was first sold in the EU with the rights holder's consent, even if it was provided via download.
Simply put, this means:
- If a license has been lawfully placed on the market in the EU,
- and it is (typically) perpetual,
- then this license can be resold,
- without the manufacturer having to "approve" it again.
Furthermore, the ECJ emphasizes: The first purchaser must render their own copy unusable (i.e., no longer use it) if they sell the license.
Does this also apply to Microsoft, Windows, and Office?
Yes, these principles apply not only to Oracle but to standard software in general (including Microsoft products), because they are based on EU law for the protection of computer programs and the principle of exhaustion.
In Germany, this line has also been further taken up and clarified by decisions of the Federal Court of Justice (BGH), including those concerning the trade in used licenses.
What does this mean for buyers? (and why it saves you money)
If you want to buy Windows 11 or are looking for Office 2024, you are primarily interested in:
- Is it legal? → In the EU, generally: yes, provided the requirements are met.
- Does a Windows key work? → A reliably provided key serves for activation; it is crucial that the license is legitimate and properly documented (origin/first sale/transferability).
- Do I get good value for money? → This is precisely why the secondary market is booming: same functionality, often significantly better conditions.
Buy Windows 11 or secure Office 2024 – direct & legally compliant
At 365licenceshop.com, only verified Microsoft licenses that meet EU legal requirements are offered. Customers benefit from:
- immediate provision of the windows key
- guaranteed activation
- attractive prices for Windows 11 and Office 2024
Conclusion: Affordable Microsoft licenses are not a risk – but an opportunity
The ECJ ruling has provided clarity:
The resale of software licenses within the EU is legal, established, and economically sensible.
Anyone wanting to buy Windows 11 or use Office 2024 today doesn't have to pay unnecessary premium prices – but can rely on verified licenses from the secondary market.
