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
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
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
(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
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
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
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
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
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
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
