Keywords
Summary

Keywords

Freedom of movement for persons - Freedom of establishment - Self-employed commercial agents - Directive 86/653 - Provisions guaranteeing certain rights to the agent after termination of the agency contract - Territorial scope - Agent carrying on his activity in a Member State - Application of those provisions - Principal established in a non-member country - Agency contact governed by the law of that country - No effect

(Council Directive 86/653, Arts 17 to 19)

Summary

$$Articles 17 and 18 of Directive 86/653 on the coordination of the laws of the Member States relating to self-employed commercial agents, which guarantee certain rights to commercial agents after termination of agency contracts, must be applied where the commercial agent carried on his activity in a Member State although the principal is established in a non-member country and a clause of the contract stipulates that the contract is to be governed by the law of that country.

The purpose of the regime established in Articles 17 to 19 of the Directive, which is mandatory in nature, is to protect, for all commercial agents, freedom of establishment and the operation of undistorted competition in the internal market, so that they must be applied where the situation is closely connected with the Community

( see paras 21, 24-26 and operative part )