CASE COMMENTS: DISTRIBUTION – APPLICABLE LAW – SCOPE OF APPLICATION OF THE DIRECTIVE 86/653 – AGENT ESTABLISHED OUTSIDE OF THE EUROPEAN UNION

Commercial agency : The European Court of Justice considers that a commercial agent who carries out its activities outside of the European Union does not present a sufficiently close link with the European Union for the purposes of the application of the provisions of Directive 86/653, regardless of the fact that the principal is established in a Member State (Agro Foreign Trade & Agency / Petersime)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The commercial agency system, established in Articles L. 134-1 et seq. of the EC Treaty, transposes the provisions of Directive 86/653 of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents. It might therefore be expected that, at least at European level, the scope of this system will be interpreted uniformly by European and national courts, since an essential element of the commercial agency system is at stake, namely the termination indemnity due to the agent at the end of his relationship with his principal. If this has not been the case so far, it would appear that the decision of the Court

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Dominique Ferré, Commercial agency : The European Court of Justice considers that a commercial agent who carries out its activities outside of the European Union does not present a sufficiently close link with the European Union for the purposes of the application of the provisions of Directive 86/653, regardless of the fact that the principal is established in a Member State (Agro Foreign Trade & Agency / Petersime), 16 February 2017, Concurrences N° 2-2017, Art. N° 83918, pp. 103-104

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