Judgment of the Court (First Chamber) of 16 March 2006 (reference for a preliminary ruling from the Rechtbank Utrecht) — Poseidon Chartering BV v Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram

(Case C-3/04) (1)

(Directive 86/653/EEC - Self-employed commercial agents - Meaning of commercial agent - Conclusion and extensions of a single contract over several years)

(2006/C 131/14)

Language of the case: Dutch

Referring court

Rechtbank Utrecht

Parties to the main proceedings

Applicant(s): Poseidon Chartering BV

Defendant(s): Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram

Re:

Reference for a preliminary ruling — Rechtbank Utrecht — Interpretation of 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 (OJ 1986 L 382, p. 17) — Meaning of commercial agent — Self-employed intermediary, who has negotiated a charter for a ship-owner, and its extension from year to year, in return for a commission

Operative part of the judgment

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 is to be interpreted as meaning that, where a self-employed intermediary had authority to conclude a single contract, subsequently extended over several years, the condition laid down by that provision that the authority be continuing requires that the principal should have conferred continuing authority on that intermediary to negotiate successive extensions to that contract.

(1)  OJ C 59 of 6.3.2004.