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Commercial agent: clarifications from the Court of Justice of the European Union

  • 05/02/2019

According to the European legislation, "commercial agent" means the person who, as an independent intermediary, is permanently appointed by the “principal” to deal the sale or purchase of goods, or to process and conclude such transactions in the name and on behalf of the principal himself (Article 1 of Directive no. 86/653).

The Court of Justice of the European Union, Section Fourth, with the ruling of 21st November 2018 has stated that the status of commercial agent is compatible with the circumstance that the intermediary carries out his activity by the company of the principal or who exercises, on his behalf, tasks that are nor related to the negotiations of the sale or purchase of goods.

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