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Document 61998CJ0456
Summary of the Judgment
Summary of the Judgment
1. Freedom of movement for persons - Freedom of establishment - Independent commercial agents - Directive 86/653 - National rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register - Not permissible
(Council Directive 86/653)
2. Acts of the institutions - Directives - Implementation by the Member States - Need to ensure that directives are effective - Obligations of national courts
(EC Treaty, Art. 189, third para. (now Art. 249 EC, third para.))
1. Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents precludes national legislation which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register.
( see paras 14, 19 and operative part )
2. The national court is bound, when applying provisions of domestic law predating or postdating a directive, to interpret those provisions, so far as possible, in the light of the wording and purpose of the directive, so that those provisions are applied in a manner consistent with the result pursued by the directive.
( see paras 16, 19 and operative part )