CASE COMMENT : DISTRIBUTION - DIRECTIVE No 86/653 - SELF-EMPLOYED COMMERCIAL AGENTS - CONTINUING AUTHORITY

Self-employed commercial agents: The ECJ specifies the definition of the "continuing authority" in the meaning of Directive 86/653 relating to self-employed commercial agents (Poseidon Chartering)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 16 March 2006, Poseidon Chartering BV v Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, and Gerrit Schram, Case C-3/04. Facts A company acted as an intermediary in connection with a ship charter agreement, which was extended annually from 1994 to 2000, following annual negotiations, the result of which was recorded by the "intermediary" company in an addendum. Throughout the contract period, the intermediary company received a commission of 2.5% of the charter amount. Following the termination of the contractual relationship between the "intermediary" company and its principal, the intermediary claims damages for breach of the contract

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Dominique Ferré, Self-employed commercial agents: The ECJ specifies the definition of the "continuing authority" in the meaning of Directive 86/653 relating to self-employed commercial agents (Poseidon Chartering), 16 March 2006, Concurrences N° 2-2006, Art. N° 27751, www.concurrences.com

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