Zako SPRL v Sanidel SA

European Union – Employment. Article 1(2) of Council Directive (EEC) 86/653 should be interpreted as meaning that the fact that a person who had continuing authority to negotiate the sale or the purchase of goods on behalf of another person, or to negotiate and conclude such transactions on behalf of and in the name of that person, performed his activities from the latter's business premises did not prevent him from being classified as a 'commercial agent' within the meaning of that provision, provided that that fact did not prevent that person from performing his activities in an independent manner, which was for the referring court to ascertain. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the payment for services and commission following the breach of an agreement between two companies.

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