DIRETTIVA 86 653 CEE PDF

Council Directive 86//EEC of 18 December on the coordination of the laws of the Member States relating to self-employed commercial agents. Council . Agenti commerciali indipendenti – Direttiva 86//CEE – Diritto dell’agente commerciale ad un’indennità dopo la cessazione del rapporto. Causa C/ nella causa C/98 (domanda di pronuncia pregiudiziale del Pretore di Brescia): Centrosteel Srl contro Adipol GmbH (“Direttiva 86//CEE — Agenti.

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OJ L Chapter 06 Volume P. Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 2 and thereof. Whereas trade in goods between Member States should be carried on under conditions which are similar direttkva those of a single market, and this necessitates approximation of the legal systems of the Member States to the extent required for the proper functioning of the common market; whereas in this regard the rules concerning conflict of laws do not, in the matter of commercial representation, remove the inconsistencies referred to above, nor would they even if they were made 6533, and accordingly the proposed harmonization is necessary notwithstanding the existence of those rules.

Whereas in this regard the legal relationship between commercial agent and principal must be given priority. Whereas it is appropriate to be guided by the principles of Article of the Treaty and to maintain improvements already made, when harmonizing the direttlva of the Member States relating to commercial agents.

Whereas additional transitional periods should be allowed for certain Member States which have to make a particular effort to adapt their regulations, especially those concerning indemnity for termination of contract between the principal and the commercial agent, to the requirements of this Directive.

The harmonization measures prescribed by this Directive shall apply to the laws, regulations and administrative provisions of the Member States governing the relations between commercial agents and their principals. A commercial agent shall be understood within the meaning of this Directive as not including in particular:.

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Each of the Member States shall have the right to provide that the Directive shall not apply to those persons whose activities as commercial agents are considered secondary by the law of that Member State.

In performing direttjva activities a commercial agent must look after his principal’s interests and act dutifully and in good faith. In his relations with his commercial agent a principal must act dutifully and in good faith.

A principal must, in addition, inform the commercial agent within a reasonable period of his acceptance, refusal, and of any non-execution of a commercial transaction which the commercial agent has procured for the principal. In the absence of any agreement on this matter between 6533 parties, and without prejudice to the application of the compulsory provisions of the Member States concerning the level of remuneration, a commercial agent shall be entitled to the remuneration that commercial agents appointed for the goods forming the subject of his agency contract diretyiva customarily allowed in the place where he carries on his activities.

If there is no such customary practice a commercial agent shall be entitled to reasonable remuneration taking 6553 account all the aspects of the transaction.

Any part of the remuneration which varies with the number or value of business transactions shall be deemed to be commission dlrettiva the meaning of this Directive. Articles 7 to direttiba shall not apply if the commercial agent is not remunerated wholly or in part by commission.

A commercial agent shall be entitled to commission on commercial transactions concluded during the period covered by the agency contract:. A commercial agent shall also be entitled to commission on transactions concluded during the period covered by the agency contract:.

Member States shall include in their legislation one of the possibilities referred to in the above two indents. A commercial agent shall be entitled to commission on commercial transactions concluded after the agency contract has terminated:. A commercial agent shall not be entitled to the commission referred to in Article 7, if that commission is payable, pursuant to Durettiva 8, to the previous commercial agent, unless it is equitable because of the circumstances for the commission to be shared between the commercial agents.

The commission shall become due as soon as and to the extent that one of the following circumstances obtains:. The commission shall become due at the latest when the third party has executed his part of the transaction or should have done so if the principal had executed his part of the transaction, as he should have.

The commission shall be paid not later than on the last day of the month following the quarter in which it dirrettiva due. Agreements to derogate from paragraphs 2 and 3 to the detriment of the commercial agent shall not be permitted.

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Any commission which the commercial agent has already received shall be refunded direttova the right to it is extinguished. Agreements to derogate from paragraph 1 to the detriment of the commercial dirdttiva shall not be permitted. The principal shall supply his commercial agent with a statement of the commission due, not later than the last day of the month following the quarter in which the commission has become due.

This statement shall set out the main components used dlrettiva calculating the amount of commission. A commercial agent shall be entitled to demand that he be provided with all the information, and in particular an extract from the books, which dee available to his principal and which he needs in digettiva to check the amount of the commission due to him.

Agreements to cer from paragraphs 1 and 2 to the detriment of the commercial agent shall not be permitted. This Directive shall not conflict with the internal provisions diretiva Member States which recognize the right of a cee agent to inspect a principal’s books. Conclusion and termination of the agency contract. Each party shall be entitled to receive from the other on request a signed vee document setting out the terms of the agency contract including any terms subsequently agreed.

Waiver of this right shall not be permitted. Notwithstanding paragraph 1 a Member State may provide that an agency contract shall not be valid unless evidenced in writing. An agency contract for a fixed period which continues to be performed by both parties after that period has expired shall be deemed to be converted into an agency contract for an indefinite period. Where an agency contract is concluded for an direttuva period either party may terminate it by notice.

The period of notice shall be one month for the first year of the contract, two months for the second year direttifa, and three months for the third year commenced and subsequent years.

The parties may not agree on shorter periods of notice. Member States may fix the period of notice at four months for the fourth year of the contract, five months for the fifth year and six months for the sixth and subsequent years.

They may decide that the parties may not agree to shorter periods. If the parties agree on longer periods than those laid down in paragraphs 2 and 3, the period of notice to be observed by the didettiva must not be shorter than that to be observed by the commercial agent.

Unless otherwise agreed by the parties, the end of the period of notice must coincide with the end of direhtiva calendar month. The provisions of this Article shall apply to direttica agency contract for a fixed period where it is converted under Article 14 into an agency contract for an indefinite direttivs, subject to the proviso that the earlier fixed period must be taken into account in the calculation of the period of notice.

Nothing in this Directive shall affect the application of the law of the Member States where the latter provides for the immediate termination of the agency contract:.

Member States shall take the measures necessary to ensure that the commercial agent is, after termination of the agency contract, indemnified in accordance with paragraph 2 or compensated for damage in accordance with paragraph 3. Member States may provide for such circumstances also to include the application or otherwise of a restraint of trade clause, within the meaning of Article 20.

The amount of the indemnity may not exceed a figure equivalent to an indemnity for one year calculated from the commercial agent’s average annual remuneration over the preceding five years and if the contract goes back less than five years the indemnity shall be calculated on the average for the period in question.

The grant of such an indemnity shall not prevent the commercial agent from seeking damages. The commercial agent shall be entitled to compensation for the damage he suffers as a result of the termination of his relations with the principal.

Such damage shall be deemed to occur particularly when the termination takes place in circumstances:. Entitlement to the indemnity as provided for in paragraph 2 or to compensation for damage as provided for under paragraph 3, shall also arise where the agency contract is terminated as a result of the commercial agent’s death. The commercial agent shall lose his entitlement to the indemnity in the instances provided for in paragraph 2 or to compensation for damage in the instances provided 866 in paragraph 3, if within one direttiga following termination of the contract he has not notified the principal that he intends pursuing his entitlement.

The Commission shall submit to the Council, within eight years following the date of notification direytiva this Directive, a report on the implementation of this Article, and shall if necessary submit to it proposals for amendments.

The dee may not derogate from Articles 17 and 18 to the detriment of the commercial agent before the agency contract expires. For direttvia purposes of this Directive, an agreement restricting the business activities of a commercial agent following termination of the agency contract is hereinafter referred to as a restraint of trade clause. A restraint of trade clause shall be valid for not more than two years after termination of the agency contract.

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This Article shall not affect provisions of national law which impose other restrictions on the validity or enforceability of restraint of trade clauses or which enable the courts to reduce the obligations direttiv the 563 resulting from such an agreement. General and final provisions. Nothing in this Directive shall require a Member State to provide for the disclosure of information where such disclosure would be contrary to public policy.

Member States shall bring into force the diretiva necessary to comply with this Directive before 1 January They shall forthwith inform the Commission thereof. Such provisions shall apply at least to contracts concluded after direettiva entry into force. They shall apply to contracts in operation by 1 January at the latest. As from the notification of this Directive, Member States shall communicate to the Commission the main laws, regulations and administrative provisions which they adopt in the field governed by this Directive.

However, with regard to Ireland and the United Kingdom, 1 January referred to in paragraph 1 shall be replaced by 1 January With regard to Italy, 1 January shall be replaced by 1 January in the case of the obligations deriving from Article This site uses cookies to improve your browsing experience.

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Need more search options? Use the Advanced search. Help Print this page. Expand all Collapse all. Languages, formats and link to OJ. A commercial agent shall be understood within the meaning of this Directive as not including in particular: This Directive shall sirettiva apply to: In particular, a commercial agent must: A principal must in particular: Article 5 The parties may not derogate from the provisions of Articles 3 and 4. A commercial agent shall be entitled to commission on commercial transactions concluded during the period covered by the agency contract: A commercial agent shall also be entitled to commission on transactions concluded during the period covered by the agency contract: Article 8 A commercial agent shall be entitled to commission on commercial transactions concluded after the agency contract has terminated: Article direttiba A commercial agent shall not be entitled to the commission referred to in Article 7, if that commission is payable, pursuant to Article 8, to the previous commercial agent, unless it is equitable because of the circumstances for the commission to be shared between the commercial agents.

The commission shall become due as soon as and to the extent that one of the following circumstances obtains: The right to commission can be extinguished only if and to the extent that: Article 14 An agency contract for a fixed period which continues to be performed by both parties after that period has expired shall be deemed to be converted into an agency contract for an indefinite period.

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Article 16 Nothing in this Directive shall affect the application of the law of the Member States where the latter provides for the immediate termination of the agency contract: Member States may provide for such circumstances also to include the application or otherwise of a restraint of trade clause, within the meaning of Article 20; b The amount of the indemnity may not exceed a figure equivalent to an indemnity for one year calculated from the commercial agent’s average annual remuneration over the preceding five years and if the contract goes back less than five years the indemnity shall be calculated on the average for the period in question; c The grant of such an indemnity shall not prevent the commercial agent from seeking damages.

Such damage shall be deemed to occur particularly when the termination takes place in circumstances: Article 18 The indemnity or compensation referred to in Article 17 shall not 65 payable: Article 19 The parties may not derogate from Articles 17 and 18 to the detriment of the commercial agent before the agency contract expires. A direftiva of trade clause shall be valid only if and to the extent that: Article 23 This Directive is addressed to the Member States. Done at Brussels, 18 December