Opinion of the Advocate General — ECLI:EU:C:2022:453
Date: 2022-06-09
Language of the case: Polish
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Poland

Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 2 February 2021 – Rigall Arteria Management Sp. z o.o. sp. k. v Bank Handlowy w Warszawie S.A. (Case C-64/21) Language of the case: Polish Referring court Sąd Najwyższy Parties to the main proceedings Appellant in cassation: Rigall Arteria Management Sp. z o.o. sp. k. Other party to the proceedings: Bank Handlowy w Warszawie S.A. Question referred In the light of the wording and purpose of Article 7(1)(b) 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, 1 must that provision be understood as conferring on a self-employed commercial agent an absolute right to commission on a contract concluded during the term of an agency contract with a third party whom he or she has previously acquired as a customer for transactions of the same kind, or may that entitlement be contractually excluded? ____________ 1 OJ 1986 L 382, p. 17.