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Ingmar GB Limited v Eaton Leonard Technologies Inc: CA 31 Jul 1998

Case referred to ECJ. Judges: Peter Gibson, Aldous, Potter LJJ Citations: [1998] EWCA Civ 1366 Statutes: 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 17, Commercial Agents (Council Directive) Regulations 1993 Jurisdiction: England and Wales Citing: Cited – Moore v Piretta … Continue reading Ingmar GB Limited v Eaton Leonard Technologies Inc: CA 31 Jul 1998

Herios (Judgment): ECJ 13 Oct 2022

Reference for a preliminary ruling – Directive 86/653/EEC – Article 17(2)(a) – Self-employed commercial agents – Termination of the agency contract by the principal – Compensation of the agent – Goodwill indemnity – Sub-agency – Right of the subagent to a proportion of the goodwill indemnity payable to the main agent corresponding to the customers … Continue reading Herios (Judgment): ECJ 13 Oct 2022

Rigall Arteria Management: ECJ 13 Oct 2022

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 Citations: C-64/21, [2022] EUECJ C-64/21, ECLI:EU:C:2022:783 Links: Bailii Jurisdiction: European … Continue reading Rigall Arteria Management: ECJ 13 Oct 2022

Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007

The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ notice was given. Held: The agent’s appeal failed. The UK had chosen to implement both the allowed … Continue reading Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The … Continue reading Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Cooper and others v Pure Fishing (UK) Ltd: CA 18 Mar 2004

Citations: [2004] EWCA Civ 375 Links: Bailii Statutes: Commercial Agents (Council Directive) Regulations 1993, 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 17 Jurisdiction: England and Wales Citing: Cited – Moore v Piretta Pta Ltd QBD 11-May-1998 M had a series … Continue reading Cooper and others v Pure Fishing (UK) Ltd: CA 18 Mar 2004

Chevassus-Marche v Groupe Danone (Approximation of Laws): ECJ 17 Jan 2008

ECJ Approximation of laws – Directive 86/653/EEC – Self-employed commercial agents – Right of an agent entrusted with a specific geographical area to a commission – Transactions concluded without any action on the part of the principal. Citations: C-19/07, [2008] EUECJ C-19/07 Links: Bailii Statutes: Directive 86/653/EEC European Updated: 13 July 2022; Ref: scu.263959

Crane T/A Indigital Satellite Services v Sky In-Home Service Ltd and Another: ChD 26 Jan 2007

The Directive’s substantive provisions were modelled primarily on the provisions of German domestic law. Judges: Briggs J Citations: [2007] EWHC 66 (Ch), [2007] 1 CLC 389 Links: Bailii Statutes: 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 Jurisdiction: England and Wales … Continue reading Crane T/A Indigital Satellite Services v Sky In-Home Service Ltd and Another: ChD 26 Jan 2007

PJ Pipe and Valve Co. Ltd. v Audco India Ltd: QBD 2 Sep 2005

The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being a general agency agreement under which the claimant was given exclusive rights to represent the defendant and … Continue reading PJ Pipe and Valve Co. Ltd. v Audco India Ltd: QBD 2 Sep 2005

Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term. Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a … Continue reading Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

Ingmar Gb Ltd v Eaton Leonard Technologies Inc: ECJ 16 Nov 2000

When a commercial agency was terminated in circumstances which under community law would entitle the agent to compensation, that compensation was payable even though the contract expressed itself to be governed by the law of California, and the principal was resident in California. The regime was a mandatory one for the protection of such agents, … Continue reading Ingmar Gb Ltd v Eaton Leonard Technologies Inc: ECJ 16 Nov 2000

Conseils et mise en relations SARL v Demeures terre et tradition SARL: ECJ 19 Apr 2018

Self-Employed Commercial Agents – Judgment – Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Right of the commercial agent to an indemnity or compensation for damage following termination of the commercial agency contract – Article 17 – Exclusion from the right to indemnity in the event of termination of the … Continue reading Conseils et mise en relations SARL v Demeures terre et tradition SARL: ECJ 19 Apr 2018

Moore v Piretta Pta Ltd: QBD 11 May 1998

M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the principal continued to derive benefit. Held: The agency contract was to be interpreted to … Continue reading Moore v Piretta Pta Ltd: QBD 11 May 1998

ERGO Poist’Ovna as v Barlikova: ECJ 17 May 2017

Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653 – Commercial agent’s commission – Article 11 – Partial non-execution of the contract between the third party and the principal – Consequences for the right to commission – Concept of ‘reason for which the principal is to blame’ Citations: [2017] EUECJ C-48/16, ECLI:EU:C:2017:377, … Continue reading ERGO Poist’Ovna as v Barlikova: ECJ 17 May 2017

ERGO Poist’Ovna as v Barlikova: ECJ 12 Jan 2017

(Self-Employed Commercial Agents – Directive 86/653 – Commercial Agenta’s Commission : Opinion) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 11 – Right to commission – Extinction – Partial non-execution of a contract between the third party and the principal – Meaning of ‘reason for which the principal is … Continue reading ERGO Poist’Ovna as v Barlikova: ECJ 12 Jan 2017

Agro Foreign Trade and Agency: ECJ 16 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Coordination of the laws of the Member States – Belgian transposition measure – Commercial agency contract – Principal established in Belgium and agent established in Turkey – Choice of Belgian law clause – Applicable law – EEC-Turkey Association Agreement – … Continue reading Agro Foreign Trade and Agency: ECJ 16 Feb 2017

Marchon Germany GmbH v Karaszkiewicz: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2) – Indemnity in respect of customers – Conditions for granting – Acquisition of new customers – Concept of ‘new customers’ – Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell C-315/14, … Continue reading Marchon Germany GmbH v Karaszkiewicz: ECJ 7 Apr 2016

Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 2011

The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers. Held: Whether a party is a commercial agent within the meaning of the Directive or the Regulations is a straightforward matter, to be determined by reference … Continue reading Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 2011

Quenon K SPRL v Beobank SA, formerly Citibank Belgium SA, Metlife Insurance SA, formerly Citilife SA: ECJ 3 Dec 2015

Judgment – Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2) – Termination of the agency contract by the principal- Compensation of the agent- Prohibition of the simultaneous operation of the indemnity for customers scheme and compensation for damage scheme – Entitlement of the agent to damages additional to … Continue reading Quenon K SPRL v Beobank SA, formerly Citibank Belgium SA, Metlife Insurance SA, formerly Citilife SA: ECJ 3 Dec 2015

United Antwerp Maritime Agencies (Unamar) Nv v Navigation Maritime Bulgare: ECJ 17 Oct 2013

ECJ Rome Convention on the law applicable to contractual obligations – Articles 3 and 7(2) – Freedom of choice of the parties – Limits – Mandatory rules – Directive 86/653/EEC – Self-employed commercial agents – Contracts for sale or purchase of goods – Termination of the agency contract by the principal – National implementing legislation … Continue reading United Antwerp Maritime Agencies (Unamar) Nv v Navigation Maritime Bulgare: ECJ 17 Oct 2013