Keywords
Summary

Keywords

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.))

Summary

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 )