Rossetti Marketing Ltd v Diamond Sofa Co Ltd – WLR Daily

Posted October 10th, 2011 in commercial agents, compensation, EC law, law reports by sally

Rossetti Marketing Ltd v Diamond Sofa Co Ltd [2011] EWHC 2482 (QB); [2011] WLR (D) 287

“Whether a party was a commercial agent within the meaning 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 or the Commercial Agents (Council Directive) Regulations 1993 was to be determined by reference to the terms and context of the agreement at the date it was concluded. The non-derogable obligations of a commercial agent under article 3(1) of the Directive and regulation 3(1) of the 1993 Regulations, to look after the interests of the principal and to act dutifully and in good faith, were not to be imported into the definition of ‘commercial agent’ so that an agent acting for multiple principles did not fall within it.”

WLR Daily, 3rd October 2011