Blanckaert & Willems PVBA v Luise Trost. [1981] EUECJ R-139/80 (18 March 1981)

An independent commercial agent who merely negotiates business, is free to arrange their own work, may represent several competing firms, and only transmits orders without involvement in their terms or execution, does not have the character of a branch, agency, or other establishment within the meaning of Article 5(5) of the Brussels Convention.

Citation: [1981] EUECJ R-139/80
Parties: Defendant and Appellant in the Appeal on a Point of Law: Blanckaert & Willems PVBA; Plaintiff and Respondent in the Appeal on a Point of Law: Luise Trost
Jurisdiction: European Union
Judgment Date: 18 March 1981
Procedural Posture: Reference for a Preliminary Ruling / Judgment on Preliminary Reference
Outcome: Preliminary ruling: an independent commercial agent as described does not fall within Article 5(5) of the Brussels Convention.
Legal Topics: Jurisdiction, Interpretation of 'agency' and 'establishment' Under Brussels Convention, Commercial Agency

Civil Procedure Private International Law Jurisdiction Interpretation of 'agency' and 'establishment' Under Brussels Convention Commercial Agency

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Parties

Blanckaert & Willems PVBA

Defendant and Appellant in the Appeal on a Point of Law

Luise Trost

Plaintiff and Respondent in the Appeal on a Point of Law

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Reference

Legal Issues

1 Whether an independent commercial agent who merely negotiates business qualifies as an 'agency' or 'other establishment' under Article 5(5) of the Brussels Convention

Ratio Decidendi

Court Disposition

Preliminary ruling: an independent commercial agent as described does not fall within Article 5(5) of the Brussels Convention.