Bellone (Free movement of persons) [1998] EUECJ C-215/97 (30 April 1998)

Bellone (Free movement of persons) [1998] EUECJ C-215/97 (30 April 1998)

Council Directive 86/653/EEC precludes a national rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register, as the Directive exhaustively regulates formal requirements and does not permit such a condition.

Citation
[1998] EUECJ C-215/97
Parties
Intervener: Commission; Applicant/respondent: Unknown (parties to the main proceedings before the Tribunale, Bologna)
Jurisdiction
European Union
Judgment Date
30 April 1998
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From National Court
Outcome
Directive 86/653/EEC precludes a national rule making validity of agency contract conditional on agent's registration.
Legal Topics
Agency Contracts, Freedom of Establishment, Directive 86/653/eec, Formal Requirements for Contracts
European Union Law Commercial Law Agency Contracts Freedom of Establishment Directive 86/653/eec Formal Requirements for Contracts

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Parties

Commission

Intervener

Unknown (parties to the main proceedings before the Tribunale, Bologna)

Applicant/respondent

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Council Directive 86/653/EEC precludes a national rule making the validity of an agency contract conditional upon the commercial agent being entered in a register

Ratio Decidendi

Council Directive 86/653/EEC precludes a national rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register, as the Directive exhaustively regulates formal requirements and does not permit such a condition.

Court Disposition

Directive 86/653/EEC precludes a national rule making validity of agency contract conditional on agent's registration.

Orders

  • The answer to the question referred is that Directive 86/653/EEC precludes a national rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register.
  • Costs incurred by the Commission are not recoverable; decision on costs for main parties is for the national court.