8.3.2008 |
EN |
Official Journal of the European Union |
C 64/11 |
Judgment of the Court (First Chamber) of 17 January 2008 (reference for a preliminary ruling from the Cour de cassation (France)) — Paul Chevassus-Marche v Groupe Danone, Société Kro beer brands SA (BKSA), Société Evian eaux minérales d'Evian SA (SAEME)
(Case C-19/07) (1)
(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)
(2008/C 64/16)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: Paul Chevassus-Marche
Defendants: Groupe Danone, Société Kro beer brands SA (BKSA), Société Evian eaux minérales d'Evian SA (SAEME)
Re:
Reference for a preliminary ruling — Cour de cassation — Interpretation of Article 7(2) of 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 (OJ 1986 L 382, p. 17) — Termination of the agency contract — Commission owed to a commercial agent entrusted with a specific geographical area or group of persons — Whether there is a right to that commission in the absence of any control, direct or indirect, by the principal over transactions between a third party and a customer belonging to the geographical area entrusted to the agent
Operative part of the judgment
The first indent of Article 7(2) of Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that a commercial agent entrusted with a specific geographical area does not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.