Il 30/05/21 06:46, Julian Daich ha scritto:
I got a new HP laptop and still did notl open it- Any idea how to
avoid paying the Windows license before installing GNU/ Linux?
In what jurisdiction? In the EU/EEA, the CJEU ruling on case C‑310/15
applies.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0310
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1.
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 of computer not equipped with pre-installed software does
not in itself constitute an unfair commercial practice within the
meaning of Article 5(2) of Directive 2005/29/EC of the European
Parliament and of the Council of 11 May 2005 concerning unfair
business-to-consumer commercial practices in the internal market and
amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and
2002/65/EC of the European Parliament and of the Council and Regulation
(EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair
Commercial Practices Directive’), unless such a practice is contrary to
the requirements of professional diligence and materially distorts or is
likely to materially distort the economic behaviour of the average
consumer with regard to the product, a matter which is for the national
court to determine by taking account of the specific circumstances of
the case in the main proceedings.
2.
In the context of a combined offer consisting of the sale of a computer
equipped with pre-installed software, the failure to indicate the price
of each of those items of pre-installed software does not constitute a
misleading commercial practice within the meaning of Article 5(4)(a) and
Article 7 of Directive 2005/29.
----
This ruling has been applied by lower courts as giving the right of
reimbursement depending on certain conditions.
Best regards,
Federico
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