Chapter IV, Article 17, Paragraph 2., Point (a) · Council Directive 86/653/EEC

Contents

1. Member States shall take the measures necessary to ensure…
2.
3. The commercial agent shall be entitled to compensation for…
4. Entitlement to the indemnity as provided for in paragraph…
5. The commercial agent shall lose his entitlement to the ind…
6. The Commission shall submit to the Council, within eight y…

(a)The commercial agent shall be entitled to an indemnity if and to the extent that:

—he has brought the principal new customers or has significantly increased the volume of business with existing customers and the principal continues to derive substantial benefits from the business with such customers, and

—the payment of this indemnity is equitable having regard to all the circumstances and, in particular, the commission lost by the commercial agent on the business transacted with such customers. Member States may provide for such circumstances also to include the application or otherwise of a restraint of trade clause, within the meaning of Article 20;