CELEX: 62009CN0203
Language: en
Date: 2009-06-08 00:00:00
Title: Case C-203/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 8 June 2009 — Volvo Car Germany GmbH v Autohof Weidensdorf GmbH

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/34
            
         Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 8 June 2009 — Volvo Car Germany GmbH v Autohof Weidensdorf GmbH
   (Case C-203/09)
   2009/C 180/59
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Volvo Car Germany GmbH
   
      Defendant: Autohof Weidensdorf GmbH
   
      Questions referred
   
   
               1.
            
            
               Is Article 18(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 to be interpreted as precluding national legislation under which a commercial agent (1) is not entitled to an indemnity in the event of contractual termination of the contract by the principal if a serious ground for immediate termination of the contract because of the agent’s default existed at the date of contractual termination but was not the cause of the termination?
            
         
               2.
            
            
               If such national legislation is consistent with the Directive:
               Does Article 18(a) of the Directive preclude the application by analogy of the national legislation concerning the exclusion of the indemnity claim to a case where a serious ground for the immediate termination of the contract because of the agent’s default arose only after contractual notice of termination was given and the principal became aware of that ground only after the contract ended, so that he was no longer able to give a further notice of immediate termination of the contract based on the agent’s default?
            
         
      (1)  OJ 1986 L 382, p. 17.