CELEX: C1998/184/04
Language: en
Date: 1998-06-13 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 30 April 1998 in Case C-215/97: (reference for a preliminary ruling from the Tribunale, Bologna): Barbara Bellone v. Yokohama SpA (Directive 86/653/EEC - Independent commercial agents - National rules providing that commercial agency contracts concluded by persons not entered on the register of agents are void)

C 184/4               EN                  Official Journal of the European Communities                                      13.6.98
2. Orders the Federal Republic of Germany to pay the                                   ORDER OF THE COURT
     costs.                                                                                  of 2 April 1998
                                                                     in Case C-188/97 P: Lars Bo Rasmussen v. Commission of
(1) OJ C 74, 8.3.1997.                                                                the European Communities (1)
                                                                     (Officials Ð Vacancy notice Ð Annulment of the
                                                                     procedure under way Ð Competition notice Ð Post
                                                                        reserved to nationals of new Member States Ð Appeal)
                                                                                              (98/C 184/05)
               JUDGMENT OF THE COURT                                                 (Language of the case: French)
                       (First Chamber)
                                                                       (Provisional translation; the definitive translation will be
                       of 30 April 1998                                        published in the European Court Reports)
in Case C-215/97: (reference for a preliminary ruling from
the Tribunale, Bologna): Barbara Bellone v. Yokohama                 In Case C-188/97 P: Lars Bo Rasmussen, an official of the
                            SpA (1)                                  Commission of the European Communities, residing at
                                                                     Dalheim, Luxembourg, represented by Carlo Revoldini, of
(Directive 86/653/EEC Ð Independent commercial agents                the Luxembourg Bar, with an address for service in
Ð National rules providing that commercial agency                    Luxembourg at the Chambers of the latter, 180, Route de
contracts concluded by persons not entered on the register           Longwy, Luxembourg Ð appeal against the judgment of
                      of agents are void)                            the Court of First Instance of the European Communities
                                                                     (Fifth Chamber) of 18 March 1997 in Case T-35/96
                        (98/C 184/04)                                Rasmussen v. Commission [1997] ECR-SC II-187 seeking
                                                                     to have that judgment set aside, the other party to the
                                                                     proceedings being Commission of the European
                (Language of the case: Italian)                      Communities (Agents: Julian Currall, assisted by Alberto
                                                                     Dal Ferro) Ð the Court, composed of M. Wathelet,
                                                                     President of the Chamber, P. Jann (Rapporteur) and L.
                                                                     Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
                                                                     General; R. Grass, Registrar, made an order on 2 April
  (Provisional translation; the definitive translation will be       1998, the operative part of which is as follows:
          published in the European Court Reports)
                                                                     1. The appeal is dismissed.
In Case C-215/97: reference to the Court under Article 177           2. The appellant is ordered to pay the costs.
of the EC Treaty from the Tribunale, Bologna (Italy) for a
preliminary ruling in the proceedings pending before that
court between Barbara Bellone and Yokohama SpA Ð on                  (1) OJ C 212, 12.7.1997.
the interpretation 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 (OJ L 382 of 31.12.1986, p. 17) Ð the Court (First
Chamber), composed of M. Wathelet, President of the
Chamber, P. Jann (Rapporteur) and L. Sevón, Judges; G.               Reference for a preliminary ruling by the House of Lords,
Cosmas, Advocate-General; R. Grass, Registrar, has given             by order of that Court of 5 February 1998, in the case of
a judgment on 30 April 1998, in which it has ruled:                  Preston and others against Wolverhampton Healthcare
                                                                     NHS Trust and others, and Fletcher and others against
                                                                                            Midland Bank plc
Council Directive 86/653/EEC of 18 December 1986 on                                          (Case C-78/98)
the coordination of the laws of the Member States relating
                                                                                              (98/C 184/06)
to self-employed commercial agents precludes a national
rule which makes the validity of an agency contract
conditional upon the commercial agent being entered in               Reference has been made to the Court of Justice of the
the appropriate register.                                            European Communities by an order of the House of
                                                                     Lords, of 5 February 1998, which was received at the
(1) OJ C 228, 26.7.1997.                                             Court Registry on 23 March 1998, for a preliminary
                                                                     ruling in the case of Preston and others against
                                                                     Wolverhampton Healthcare NHS Trust and others, and
                                                                     Fletcher and others against Midland Bank plc, on the
                                                                     following questions: