Case C-51/06: Reference for a preliminary ruling from the Tribunale di Livorno by order of that court of  13 January 2006  in Alberto Bianchi v De Robert Calzature S.R.L.
Date: 2006-04-08
Institutions: Court of Justice
Subjects: approximation of laws, collective agreement, indemnification, interpretation of the law, sales occupation, self-employed person, termination of a contract

8.4.2006

EN

Official Journal of the European Union

C 86/13

Reference for a preliminary ruling from the Tribunale di
Livorno by order of that court of 13 January 2006 in
Alberto Bianchi v De Robert Calzature S.R.L.

Reference for a preliminary ruling from the Finanzgericht
Düsseldorf by order of that court of 31 January 2006 in
Euro Tex Textilverwertung GmbH v Hauptzollamt Duis-
burg

(Case C-51/06)

(2006/C 86/22)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale di Livorno of 13
January 2006, received at the Court Registry on 1 February
2006, for a preliminary ruling in the proceedings between
Alberto Bianchi and De Robert Calzature S.R.L. on the
following questions:

the Member States

1) Given that the content of Article 17 of Council Directive
86/653 (1) of 18 December 1986 on the coordination of the
relating to self-employed
laws of
commercial agents, can Article 19 be interpreted as
meaning that it is permissible for the national implementing
legislation to provide that the indemnity owed to an agent
is payable under a collective agreement binding on its signa-
tories, without regard to the conditions set out in the two
indents of paragraph 2(a) of Article 17, and is calculated
not in accordance with the criteria to be found in the direc-
tive but in accordance with the criteria set out in the collec-
tive economic agreement itself, with the result that, in many
cases, the level of the indemnity to be paid would have to
be significantly lower than the ceiling provided for in the
directive.

2) Should the indemnity be calculated individually by esti-
mating the further commissions that the agent could have
earned in the years
the
contract on the basis of the new customers he has brought
or the growth in business that he has generated, using the
criterion of equity only to adjust the amount, or are other,
composite methods of calculation permitted, which make
greater use of the criterion of equity.

following the termination of

(1) OJ L 382 of 31.12.1986, p. 17.

(Case C-56/06)

(2006/C 86/23)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Düsseldorf
(Finance Court, Düsseldorf) of 31 January 2006, received at the
Court Registry on 2 February 2006, for a preliminary ruling in
the proceedings between Euro Tex Textilverwertung GmbH and
Hauptzollamt
(Principal Customs Office) Duisburg on the
following question:

Do the matching operations described in more detail
in the
present order go beyond simple operations of matching for the
purposes of Article 7(1)(b) of Protocol 4 concerning the defini-
tion of the concept of ‘originating products’ and methods of
administrative cooperation, as amended by Decision No 1/97
of the Association Council, Association between the European
Communities and their Member States, of the one part, and the
Republic of Poland, of the other part, of 30 June 1997? (1)

(1) OJ 1997 L 221, p. 1.

Action brought on 3 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-61/06)

(2006/C 86/24)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 3 February
2006 by the Commission of the European Communities, repre-
sented by B. Schima and D. Recchia, acting as Agents.