# C_2019025EN.01000901.xml

| 21.1.2019 | EN | Official Journal of the European Union | C 25/9 |
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21.1.2019

EN

Official Journal of the European Union

C 25/9

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Judgment of the Court (Fourth Chamber) of 21 November 2018 (request for a preliminary ruling from the Tribunal de commerce de Liège — Belgium) — Zako SPRL v Sanidel SA

(Case C-452/17) (1)

((Reference for a preliminary ruling - Self-employed commercial agents - Directive 86/653/EEC - Article 1(2) - Definition of ‘commercial agent’ - Self-employed intermediary performing his activities from the principal’s business premises - Performance of tasks other than those related to the negotiation of sales or the purchase of goods for the principal))

(2019/C 25/10)

Language of the case: French

Referring court

Tribunal de commerce de Liège

Parties to the main proceedings

Applicant: Zako SPRL

Defendant: Sanidel SA

Operative part of the judgment

| 1. | Article 1(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 must be interpreted as meaning that the fact that a person who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person, or to negotiate and conclude such transactions on behalf of and in the name of that person, performs his activities from the latter’s business premises does not prevent him from being classified as a ‘commercial agent’ within the meaning of that provision, provided that that fact does not prevent that person from performing his activities in an independent manner, which is for the referring court to ascertain. |
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1.

Article 1(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 must be interpreted as meaning that the fact that a person who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person, or to negotiate and conclude such transactions on behalf of and in the name of that person, performs his activities from the latter’s business premises does not prevent him from being classified as a ‘commercial agent’ within the meaning of that provision, provided that that fact does not prevent that person from performing his activities in an independent manner, which is for the referring court to ascertain.

| 2. | Article 1(2) of Directive 86/653 must be interpreted as meaning that the fact that a person not only performs activities consisting in the negotiation of the sale or purchase of goods for another person, or the negotiation and conclusion of those transactions on behalf of and in the name of that other person, but also performs, for the same person, activities of another kind, without those other activities being subsidiary to the first kind of activities, does not preclude that person from being classified as a ‘commercial agent’ within the meaning of that provision, provided that that fact does not prevent the former activities from being performed in an independent manner, which it is for the referring court to ascertain. |
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2.

Article 1(2) of Directive 86/653 must be interpreted as meaning that the fact that a person not only performs activities consisting in the negotiation of the sale or purchase of goods for another person, or the negotiation and conclusion of those transactions on behalf of and in the name of that other person, but also performs, for the same person, activities of another kind, without those other activities being subsidiary to the first kind of activities, does not preclude that person from being classified as a ‘commercial agent’ within the meaning of that provision, provided that that fact does not prevent the former activities from being performed in an independent manner, which it is for the referring court to ascertain.

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(1)  OJ C 347, 16.10.2017.

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