WITH WHOM IT ENTERED INTO THE DISPUTED AGREEMENTS WAS THAT OF COMMERCIAL REPRESENTATIVES, ARTICLE 86 DOES NOT APPLY TO THESE CONTRACTS .
474 ( A ) 1 . WITH REGARD TO THE PROHIBITION OF COMPETITION STIPULATED IN THESE CONTRACTS IT MUST BE NOTED THAT AN UNDERTAKING OR ASSOCIATION, IN ORDER TO ENSURE THAT THE GOODS WHICH IT OR ITS MEMBERS MANUFACTURE ARE DISTRIBUTED, CAN CHOOSE EITHER TO USE COMMERCIAL EMPLOYEES - THAT IS TO SAY PERSONS BOUND TO IT BY A CONTRACT OF EMPLOYMENT - OR TRADERS WITH WHOM IT ENTERS INTO CONTRACTS OF A DIFFERENT KIND .
475 SO FAR AS THE LEGAL POSITION OF THESE TRADERS AND THE TERMS OF THESE CONTRACTS ARE CONCERNED, THE LAWS OF THE MEMBER STATES AND ECONOMIC PRACTICE HAVE DEVELOPED A GREAT VARIETY OF FORMS OF AGREEMENT WHICH DISTINGUISH IN PARTICULAR BETWEEN THOSE WHERE THE INTERMEDIATE TRADER NEGOTIATES WITH CUSTOMERS OR COMES TO AN AGREEMENT WITH THEM IN HIS OWN NAME AND FOR HIS OWN ACCOUNT, OR IN HIS OWN NAME BUT FOR THE ACCOUNT OF THE PRINCIPAL, OR AGAIN IN THE NAME AND FOR THE ACCOUNT OF THE LATTER .
476 IF THE CONTRACTS ON THE COURT'S FILE, WHICH ARE AT ISSUE, ARE EXAMINED THEY ARE FOUND TO BE IN LAW TRADE REPRESENTATIVES CONTRACTS, IN PARTICULAR BECAUSE THEY EXPRESSLY CONFER UPON THE INTERMEDIARIES THE ATTRIBUTES OF A TRADE REPRESENTATIVE WITHIN THE MEANING OF GERMAN LAW AND BECAUSE UNDER THEIR TERMS THE REPRESENTATIVE IS UNDER A DUTY TO NEGOTIATE OR CONCLUDE SALES OF SUGAR IN THE NAME AND FOR THE ACCOUNT OF THE PRINCIPAL, TO CARRY OUT THE LATTER'S INSTRUCTIONS AND LOOK AFTER HIS INTERESTS AND FINALLY BECAUSE THEY ALLOT THEM SPECIFIC TERRITORIES WHERE THEY ARE TO ACT AS REPRESENTATIVES .
477 IT IS AGREED THAT, WITHOUT PREJUDICE TO CERTAIN SMALL DIFFERENCES, GERMAN LAW, WHICH GOVERNS THE CONTRACTS IN DISPUTE, PROCEEDS ON THE BASIS OF THE PRINCIPLE THAT SUCH TRADE REPRESENTATIVES ARE PROHIBITED, EVEN IF THERE IS NO STIPULATION IN THE CONTRACT TO THAT EFFECT, FROM COMPETING WITH THEIR PRINCIPAL WITHOUT THE LATTER'S CONSENT AND THAT ANY INFRINGEMENT OF THIS PROHIBITION OF COMPETITION MAY EVEN RENDER THE REPRESENTATIVE LIABLE TO AN ACTION AGAINST HIM FOR DAMAGES .
478 HOWEVER FOR THE PURPOSE OF APPLYING ARTICLES 85 AND 86 OF THE TREATY THE RELATIONSHIP BETWEEN AN ECONOMIC OPERATOR AND HIS INTERMEDIARIES MUST ONLY BE DETERMINED IN THE LIGHT OF COMMUNITY LAW, SO THAT THE FACT THAT A TRADE REPRESENTATIVES CONTRACT, WHICH IMPOSES UPON THE REPRESENTATIVE A PROHIBITION OF COMPETITION, COMPLIES WITH THE NATIONAL LAW GOVERNING THIS CONTRACT OR THAT THIS LAW EVEN IMPOSES A SIMILAR PROHIBITION IS NOT DETERMINATIVE WHEN CONSIDERING WHETHER SUCH A CONTRACT IS NOT CAUGHT BY ARTICLE 86 .
479 HOWEVER IT MUST BE ADMITTED, INDEPENDENTLY OF THE CONTENT OF THE APPLICABLE LAWS OF THE MEMBER STATES, THAT, IN GENERAL, THE FACT THAT A PRODUCER OR AN ASSOCIATION OF PRODUCERS FORBIDS ITS AGENTS, WHO SELL IN ITS NAME AND FOR ITS ACCOUNT, TO ACT AT THE SAME TIME FOR COMPETING PRODUCERS