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Case C-64/21: Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Rigall Arteria Management sp. z o.o. sp.k. v Bank Handlowy w Warszawie S.A. (Reference for a preliminary ruling — Directive 86/653/EEC — Article 7(1)(b) — Self-employed commercial agents — Transaction concluded with a third party whom the commercial agent has previously acquired as a customer — Remuneration — Whether the agent’s right to commission is mandatory or supplementary)
ECLI:EU:UNKNOWN:62021CA0064
62021CA0064
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Official Journal of the European Union
C 463/6
(Case C-64/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Directive 86/653/EEC - Article 7(1)(b) - Self-employed commercial agents - Transaction concluded with a third party whom the commercial agent has previously acquired as a customer - Remuneration - Whether the agent’s right to commission is mandatory or supplementary)
(2022/C 463/07)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Rigall Arteria Management sp. z o.o. sp.k.
Defendant: Bank Handlowy w Warszawie S.A.
Operative part of the judgment
Article 7(1)(b) 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
must be interpreted as meaning that
it is possible to derogate contractually from the right which that provision confers on an independent commercial agent to receive a commission in respect of a transaction entered into, during the term of the agency contract, with a third party whom that agent previously acquired as a customer for transactions of the same kind.
(<span class="oj-super">1</span>) OJ C 182, 10.5.2021.
Language of the case: Polish