CELEX: 62014CA0315
Language: en
Date: 2016-04-07 00:00:00
Title: Case C-315/14: Judgment of the Court (Fourth Chamber) of 7 April 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Marchon Germany GmbH v Yvonne Karaszkiewicz (Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Indemnity in respect of customers — Conditions for granting — Acquisition of new customers — Concept of ‘new customers’ — Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell)

13.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/8
            
         
      Judgment of the Court (Fourth Chamber) of 7 April 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Marchon Germany GmbH v Yvonne Karaszkiewicz
      (Case C-315/14) (1)
      
      ((Reference for a preliminary ruling - Self-employed commercial agents - Directive 86/653/EEC - Article 17(2) - Indemnity in respect of customers - Conditions for granting - Acquisition of new customers - Concept of ‘new customers’ - Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell))
      (2016/C 211/08)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Marchon Germany GmbH
      
         Defendant: Yvonne Karaszkiewicz
      
         Operative part of the judgment
      
      The first indent of Article 17(2)(a) 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 customers brought in by the commercial agent for the goods that he has been assigned by the principal to sell must be regarded as new customers, within the meaning of that provision, in the case where, even though those customers already had business relations with that principal in relation to other goods, the sale, by that agent, of the first goods required the establishment of specific business relations, this being a matter for the referring court to determine.
      
         (1)  OJ C 329, 22.9.2014.