Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document E2021J0002

Judgment of the Court of 14 December 2021 in Case E-2/21 Norep AS v Haugen Gruppen AS (Self-employed commercial agents – Directive 86/653/EEC – Article 1(2) – Definition of ‘commercial agent’ – Negotiation of the sale or purchase of goods on behalf of the principal) 2022/C 153/08

OJ C 153, 7.4.2022, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
14/12/2021
Author:
EFTA Court
Form:
Judicial information
Treaty:
Agreement on the European Economic Area
Legal basis:
Link
Link
Link
Select all documents mentioning this document
Instruments cited:
Link
Related document(s):

7.4.2022   

EN

Official Journal of the European Union

C 153/14

JUDGMENT OF THE COURT

of 14 December 2021

in Case E-2/21

Norep AS v Haugen Gruppen AS

(Self-employed commercial agents – Directive 86/653/EEC – Article 1(2) – Definition of ‘commercial agent’ – Negotiation of the sale or purchase of goods on behalf of the principal)

(2022/C 153/08)

In Case E-2/21, Norep As v Haugen Gruppen AS – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett) concerning the interpretation of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, gave judgment on 14 December 2021, the operative part of which is as follows:

1.

Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, and in particular the term ‘negotiate’, should be interpreted as not necessarily presupposing the agent’s direct involvement with the placing of orders by customers with the principal, or excluding a scenario in which orders go directly from customers to the principal.

2.

Sales-related activity should be deemed to be negotiation for the purposes of Article 1(2) of Directive 86/653/EEC if it is specifically undertaken with a view to achieving the conclusion of contracts of sale or purchase of goods by the principal, and if the agent acts as an intermediary between the principal and his customers.
Top