The ruling will serve only as a guideline, but states that the right of distribution for a licensed computer programme is "exhausted on its first sale", reports Eurogamer.
"Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy," the ruling continues.
"Where the copyright holder makes available to his customer a copy - tangible or intangible - and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right."
The ruling calls into question DRM practices used by firms and services such as Ubisoft, Electronic Arts and Steam, and further strengthens the position of pre-owned retailers such as GAME.
However, for the resale of digital downloads to remain within the confines of the law, the seller must make their copy "unusable at the time of resale", something that would be difficult to police.
Nintendo has recently said that the Wii U will not block pre-owned software, a sentiment echoed by Sony, despite rumours that the PS4 would feature a DRM system, locking newly purchased games to PSN accounts.
> Feature: The pre-owned gaming debate
Watch Digital Spy's hands-on Wii U demonstration below: