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Case C-64/21: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 2 February 2021 — Rigall Arteria Management Sp. z o.o. sp. k. v Bank Handlowy w Warszawie S.A.
ECLI:EU:UNKNOWN:62021CN0064
62021CN0064
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10.5.2021
Official Journal of the European Union
C 182/28
(Case C-64/21)
(2021/C 182/41)
Language of the case: Polish
Referring court
Parties to the main proceedings
Appellant in cassation: Rigall Arteria Management Sp. z o.o. sp. k.
Other party to the proceedings: Bank Handlowy w Warszawie S.A.
Question referred
In the light of the wording and purpose of 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, (1) must that provision be understood as conferring on a self-employed commercial agent an absolute right to commission on a contract concluded during the term of an agency contract with a third party whom he or she has previously acquired as a customer for transactions of the same kind, or may that entitlement be contractually excluded?
(1) OJ 1986 L 382, p. 17.