Keywords
Summary

Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - DISPUTES ARISING OUT OF ' ' THE OPERATIONS OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' ' - BRANCH OR OTHER ESTABLISHMENT - CONCEPT - COMMERCIAL AGENT - EXCLUSION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 5 ( 5 ))

Summary

AN INDEPENDENT COMMERCIAL AGENT WHO MERELY NEGOTIATES BUSINESS ( HANDELSVERTRETER ( VERMITTLUNGSVERTRETER )), INASMUCH AS HIS LEGAL STATUS LEAVES HIM BASICALLY FREE TO ARRANGE HIS OWN WORK AND DECIDE WHAT PROPORTION OF HIS TIME TO DEVOTE TO THE INTERESTS OF THE UNDERTAKING WHICH HE AGREES TO REPRESENT AND WHOM THAT UNDERTAKING MAY NOT PREVENT FROM REPRESENTING AT THE SAME TIME SEVERAL FIRMS COMPETING IN THE SAME MANUFACTURING OR MARKETING SECTOR , AND WHO , MOREOVER , MERELY TRANSMITS ORDERS TO THE PARENT UNDERTAKING WITHOUT BEING INVOLVED IN EITHER THEIR TERMS OR THEIR EXECUTION , DOES NOT HAVE THE CHARACTER OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT WITHIN THE MEANING OF ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS .