Centrosteel Srl contra Adipol GmbH.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Jann
• ECLI: ECLI:EU:C:2000:402
• Docket Number: C-456/98
• Date: 13 July 2000
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

|

61998J0456

Judgment of the Court (First Chamber) of 13 July 2000. - Centrosteel Srl v Adipol GmbH. - Reference for a preliminary ruling: Pretore di Brescia - Italy. - Directive 86/653/EEC - Self-employed commercial agents - National legislation providing that commercial agency contracts concluded by persons not entered in the register of agents are void. - Case C-456/98.

European Court reports 2000 Page I-06007

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

1. Freedom of movement for persons - Freedom of establishment - Independent commercial agents - Directive 86/653 - National rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register - Not permissible

(Council Directive 86/653)

2. Acts of the institutions - Directives - Implementation by the Member States - Need to ensure that directives are effective - Obligations of national courts

(EC Treaty, Art. 189, third para. (now Art. 249 EC, third para.))

Summary

1. Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents precludes national legislation which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register.

( see paras 14, 19 and operative part )

2. The national court is bound, when applying provisions of domestic law predating or postdating a directive, to interpret those provisions, so far as possible, in the light of the wording and purpose of the directive, so that those provisions are applied in a manner consistent with the result pursued by the directive.

( see paras 16, 19 and operative part )

Parties

In Case C-456/98,

REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Pretore di Brescia, Italy, for a preliminary ruling in the proceedings pending before that court between

Centrosteel Srl

and

Adipol GmbH,

on 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 1986 L 382, p. 17) and of the provisions in Chapter 2 and Chapter 3 of Title III of Part Three of the EC Treaty concerning, respectively, freedom of establishment and freedom to provide services,

THE COURT (First Chamber),

composed of: L. Sevón, President of the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges,

Advocate General: F.G. Jacobs,

Registrar: R. Grass,

after considering the written observations submitted on behalf of:

- Adipol GmbH, by B. Terrano, of the Trieste Bar, and G. Orlandi, of the Brescia Bar,

- the Italian Government, by U. Leanza, Head of the Legal Department in the Ministry of Foreign Affairs, acting as Agent, assisted by P.G. Ferri, Avvocato dello Stato,

- the Commission of the European Communities, by M. Patakia and A. Aresu, both of its Legal Service, acting as Agents,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 16 March 2000,

gives the following

Judgment

Grounds

1 By order of 24 November 1998, received at the Court on 15 December 1998, the Pretore di Brescia (Magistrates' Court, Brescia) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty (now Article 234 EC) three questions on the interpretation of Council Directive 86/653/EEC of 18...