CELEX: 62015CA0507
Language: en
Date: 2017-02-16 00:00:00
Title: Case C-507/15: Judgment of the Court (First Chamber) of 16 February 2017(request for a preliminary ruling from the rechtbank van Koophandel te Gent — Belgium) — Agro Foreign Trade & Agency Ltd v Petersime NV (Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Coordination of the laws of the Member States — Belgian transposition measure — Commercial agency contract — Principal established in Belgium and agent established in Turkey — Choice of Belgian law clause — Applicable law — EEC-Turkey Association Agreement — Compatibility)

10.4.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/8
            
         Judgment of the Court (First Chamber) of 16 February 2017(request for a preliminary ruling from the rechtbank van Koophandel te Gent — Belgium) — Agro Foreign Trade & Agency Ltd v Petersime NV
   (Case C-507/15) (1)
   
   ((Reference for a preliminary ruling - Self-employed commercial agents - Directive 86/653/EEC - Coordination of the laws of the Member States - Belgian transposition measure - Commercial agency contract - Principal established in Belgium and agent established in Turkey - Choice of Belgian law clause - Applicable law - EEC-Turkey Association Agreement - Compatibility))
   (2017/C 112/12)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van Koophandel te Gent
   
      Parties to the main proceedings
   
   
      Applicant: Agro Foreign Trade & Agency Ltd
   
      Defendant: Petersime NV
   
      Operative part of the judgment
   
   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 and the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as not precluding national legislation transposing that directive into the law of the Member State concerned, which excludes from its scope of application a commercial agency contract in the context of which the commercial agent is established in Turkey, where it carries out activities under that contract, and the principal is established in that Member State, so that, in such circumstances, the commercial agent cannot rely on rights which that directive guarantees to commercial agents after the termination of such a commercial agency contract.
   
      (1)  OJ C 414, 14.12.2015.