The contract with commercial agencies is definitely at the heart of this quarter`s case law. Qualification conditions and issues (see ECJ June 4, 2020 V. in advance: N.F.) should not obscure the importance of the issues that normally arise in the course of their execution. A decision of the Court of Justice (…) 1. A commercial agent has the right to order commercial transactions concluded during the period of the agency contract: the commercial agency system under Articles L. 134-1 and following of the EC Treaty implements the provisions of Directive 86/653/EEC of 18 December 1986 relating to the coordination of Member States` laws relating to independent trade agents. Article 17, paragraph 3, of the directive (…) where the commercial agent, with the agreement of the contracting authority, cedes to another person his rights and obligations arising from the agency contract. 6. The provisions of this section apply to a fixed-term agency contract when it is converted into an indeterminate agency contract pursuant to Section 14, provided that the notice period is taken into account in the calculation of the notice period. The parties may not depart from Sections 17 and 18 at the expense of the commercial agent before the expiry of the agency contract. The client should have executed the transaction after his agreement with the third party; or if the order of the third party covered by section 7 was reached to the contracting entity or the commercial agent prior to the termination of the agency contract. The definition of an agency agreement for the application of section 101 is based on the financial or commercial risk that the agent bears with respect to the activities for which he was designated as an agent by the adjudicator authority (see judgments in T-325/01 of September 15, 2005, Daimler Chrysler/Commission); Case C-217/05, 14 December 2006, Confederacion Espanola de Empresarios de Estaciones de Servicio/Cepsa and Case C-279/06, 11 September 2008, CEPSA Estaciones de Servicio SA v. LV Tobar e Hijos.SL.
In this regard, it is not essential for the assessment to know whether the agent is acting for one or more large obligations.