Decisão Tom Kabinet: um forte retrocesso do esgotamento digital na União Europeia?

Research output: Contribution to journalArticle


Digital exhaustion is a complex issue in the European Union (EU). The decision of the Court of Justice (ECJ) in case C-263/18, Tom Kabinet, was long awaited because in case C-128/11, UsedSoft, the ECJ admitted the exhaustion of the right of distribution of licensed software, adopting a bold and unexpected attitude. In later decisions (e.g., Ninyendo, Art & Allposters, Svenson, Stiching Leenrecht, Renkhoff) the ECJ returned to a conservative attitude. In Tom Kabinet Case, following the doctrine of digital exhaustion to e-books. The ECJ seems to have been taking an erratic and inconsistent path. In our view, this is largely due to the existing legislative patchwork. Because of the general EU legislation in force, we believe that digital exhaustion is severely compromised in the EU, especially after the Tom Kabinet trial.
Original languagePortuguese
Pages (from-to)223-244
Number of pages22
JournalRevista de Direito Intelectual
Issue number1
Publication statusPublished - 2020


  • Digital exhaustion
  • Making available to the public
  • Communication to the public
  • Distribution
  • E-books
  • Software

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