6.10.2007   

EN

Official Journal of the European Union

C 235/10


Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 30 July 2007 — Turgay Semen v Deutsche Tamoil GmbH

(Case C-348/07)

(2007/C 235/16)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Turgay Semen

Defendant: Deutsche Tamoil GmbH

Questions referred

1.

Is it compatible with Article 17(2)(a) of Council Directive 86/653/EEC (1) of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents to limit the indemnity to which a commercial agent is entitled by the amount of commission lost as a result of the termination of the agency contract, even though the benefits which the principal continues to derive have to be given a higher monetary value?

2.

Are benefits accruing to other companies within the group to which the principal belongs also to be taken into consideration for the purposes of the above calculation?


(1)  OJ L 382, p. 17.