Judgment_paragraph 94 · Obala i lučice d.o.o. v NLB Leasing d.o.o (C-307/19)

94The criterion relating to the existence of an activity requires the performance of positive acts, rather than mere omissions (judgment of 8 March 2018, Saey Home & Garden, C‑64/17, EU:C:2018:173, paragraph 39). Thus, the Court has held that it cannot be inferred, from a contract under which the owner of an intellectual-property right grants its contractual partner the right to use that right in return for remuneration, that such an activity is involved, because the owner of an intellectual-property right does not perform any service in granting a right to use that property but undertakes merely to permit the licensee to exploit that right freely (see, to that effect, judgment of 23 April 2009, Falco Privatstiftung and Rabitsch, C‑533/07, EU:C:2009:257, paragraphs 30 and 31).