Opinion of the Advocate General — ECLI:EU:C:2005:641
Date: 2005-10-25
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Freedom of movement for persons – Freedom of establishment – Self-employed commercial agents – Directive 86/653 (Council Directive 86/653, Arts 17(2) and 19) 2. Freedom of movement for persons – Freedom of establishment – Self-employed commercial agents – Directive 86/653 (Council Directive 86/653, Art. 17(2)) 1. Article 19 of Directive 86/653 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that the indemnity for termination of contract which results from the application of Article 17(2) of the Directive cannot be replaced, pursuant to a collective agreement, by an indemnity determined in accordance with criteria other than those prescribed by Article 17, unless it is established that the application of such an agreement guarantees the commercial agent, in every case, an indemnity equal to or greater than that which results from the application of Article 17. (see paras 25, 27, 36, operative part 1) 2. Although the system established by Article 17 of Directive 86/653 on the coordination of the laws of the Member States relating to self-employed commercial agents is mandatory and prescribes a framework, it does not give any detailed indications as regards the method of calculation of the indemnity for termination of contract to which the commercial agent may be entitled. Within the framework prescribed by Article 17(2), the Member States enjoy a margin of discretion which they may exercise, in particular, in relation to the criterion of equity. (see paras 34, 36, operative part 2)