Article 12 › 2

A manufacturer that integrates software as a component in a product shall not have a right of recourse against the manufacturer of a defective software component that causes damage where: (a) the manufacturer of the defective software component was, at the time of the placing on the market of that software component, a microenterprise or a small enterprise, meaning an enterprise that, when assessed together with all of its partner enterprises as defined in Article 3(2) of the Annex to Commission Recommendation 2003/361/EC (21) and linked enterprises as defined in Article 3(3) of that Annex, if any, is a microenterprise as defined in Article 2(3) of that Annex or a small enterprise as defined in Article 2(2) of that Annex; and (b) the manufacturer that integrated the defective software component in the product contractually agreed with the manufacturer of the defective software component to waive that right.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26