5.12.2022   

EN

Official Journal of the European Union

C 463/6


Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Rigall Arteria Management sp. z o.o. sp.k. v Bank Handlowy w Warszawie S.A.

(Case C-64/21) (1)

(Reference for a preliminary ruling - Directive 86/653/EEC - Article 7(1)(b) - Self-employed commercial agents - Transaction concluded with a third party whom the commercial agent has previously acquired as a customer - Remuneration - Whether the agent’s right to commission is mandatory or supplementary)

(2022/C 463/07)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: Rigall Arteria Management sp. z o.o. sp.k.

Defendant: Bank Handlowy w Warszawie S.A.

Operative part of the judgment

Article 7(1)(b) 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

must be interpreted as meaning that

it is possible to derogate contractually from the right which that provision confers on an independent commercial agent to receive a commission in respect of a transaction entered into, during the term of the agency contract, with a third party whom that agent previously acquired as a customer for transactions of the same kind.


(1)  OJ C 182, 10.5.2021.