Jan

21

Commercial agent – choice of law

The Court of Justice of the European Union has recently considered(1) whether the law of the forum implementing the EU Commercial Agency Directive (the Directive) could apply even if the law applicable to the contract was that of another member state implementing the minimum protection provided by the Directive.

It would appear that the law of the forum implementing the Directive will override the law chosen by the parties if the latter is that of a non-member country. However if the law of the contract is that of another member state which has implemented the Directive, it will be for the forum court to determine if the commercial agency laws of the forum are overriding.



(1) United Antwerp Maritime Agencies (Unamar) NV v Navigation Maritime Bulgare, (Case C-184/12) [2013] EUECJ