Judgment of the Court (First Chamber) of 28 October 2010 (reference for a preliminary ruling from the Bundesgerichtshof, Germany) — Volvo Car Company GmbH v Autohof Weidensdorf GmbH

(Case C-203/09) (1)

(Directive 86/653/EEC - Self-employed commercial agents - Termination of the agency contract by the principal - Agent’s entitlement to an indemnity)

2010/C 346/22

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Volvo Car Company GmbH

Defendant: Autohof Weidensdorf GmbH

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 18(a) 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 agency contract by the principal — Agent’s entitlement to indemnity — National legislation providing for loss of that entitlement in the event of default by the agent justifying immediate termination of the contract, even where the default occurs after termination of the agency contract but before the end of that contract and the principal became aware of the default only after the expiry of the contract

Operative part of the judgment

Article 18(a) 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 precludes a self-employed commercial agent from being deprived of his goodwill indemnity where the principal establishes a default by that agent which occurred after notice of termination of the contract was given but before the contract expired and which was such as to justify immediate termination of the contract in question

(1)  OJ C 180, 01.08.2009.