ALERTS: DISTRIBUTION - COMMERCIAL AGENCY – AGENCY AGREEMENTS – PRELIMINARY RULING
Commercial agent: Advocate general Szpunar renders his conclusions in a case regarding the exclusivity of the tasks of a commercial agent (Zako / Sanidel)
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While French domestic case-law tends to reduce the scope of the qualification of commercial agent, through a restricted conception of the concept of negotiation and a general requirement of power of representation conferred on the agent, the Court of Justice of the European Union, referred to it by way of a preliminary ruling, is asked by its Advocate General to include in it a sedentary agent who does not exclusively carry on activities - essential to his qualification - of negotiation or of negotiation and conclusion of business on behalf of the principal.
The referral to the Court of Justice stems from a dispute between two companies governed by Belgian
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