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Sayfa 203Serbest Çalışan Ticaret Acenteleri Hakkında Avrupa Topluluğu Acentelik Yönergesi
COUNCIL DIRECTIVE…
of 18 December 1986…
on the coordination of the laws of the Member States relating to self-employed commercial agents…
(86/653/EEC)…
THE COUNCIL OF THE EUROPEAN COMMUNITIES,…
Having regard to the Treaty establishing the European Economic Community, and in…
Having regard to the proposal from the Commission,…
Having regard to the opinion of the European Parliament,…
Having regard to the opinion of the Economic and Social Committee,…
Whereas the restrictions on the freedom of establishment and the freedom to provide…
Whereas the differences in national laws concerning commercial representation substantially…
Whereas trade in goods between Member States should be carried on under conditions…
Whereas in this regard the legal relationship between commercial agent and principal…
Whereas it is appropriate to be guided by the principles of Article 117 of the Treaty…
Whereas additional transitional periods should be allowed for certain Member States…
HAS ADOPTED THIS DIRECTIVE:Sayfa 205…
CHAPTER I…
Scope…
Article 1…
1. The harmonization measures prescribed by this Directive shall apply to the laws,…
2. For the purposes of this Directive, ‘commercial agent’ shall mean a self-employed…
3. A commercial agent shall be understood within the meaning of this Directive as…
— a person who, in his capacity as an officer, is empowered to enter into commitments…
— a partner who is lawfully authorized to enter into commitments binding on his…
— a receiver, a receiver and manager, a liquidator or a trustee in bankruptcy.…
Article 2…
1. This Directive shall not apply to:…
— commercial agents whose activities are unpaid,…
— commercial agents when they operate on commodity exchanges or in the commodity…
— the body known as the Crown Agents for Overseas Governments and Administrations,…
2. Each of the Member States shall have the right to provide that the Directive shall…
CHAPTER II…
Rights and obligations…
Article 3…
1. In performing has activities a commercial agent must look after his principal’s…
2. In particular, a commercial agent must:…
(a) make proper efforts to negotiate and, where appropriate, conclude the transactions…
(b)communicate to his principal all the necessary information available to him;…
(c) comply with reasonable instructions given by his principal.…
Article 4…
1. In his relations with his commercial agent a principal must act dutifully and…
2. A principal must in particular:…
(a) provide his commercial agent with the necessary documentation relating to the…
(b) obtain for his commercial agent the information necessary for the performance…
3. A principal must, in addition, inform the commercial agent within a reasonable…
Article 5…
The parties may not derogate from the provisions of Articles 3 and 4.…
CHAPTER III…
Remuneration…
Article 6…
1. In the absence of any agreement on this matter between the parties, and without…
2. Any part of the remuneration which varies with the number or value of business…
3. Articles 7 to 12 shall not apply if the commercial agent is not remunerated wholly…
Article 7…
1. A commercial agent shall be entitled to commission on commercial transactions…
(a) where the transaction has been concluded as a result of his action; or
(b) where the transaction is concluded with a third party whom he has previously…
2. A commercial agent shall also be entitled to commission on transactions concluded…
— either where he is entrusted with a specific geographical area or group of cus…
— or where he has an exclusive right to a specific geographical area or group of…
and where the transaction has been entered into with a customer belonging to that…
Member States shall include in their legislation one of the possibilities referred…
Article 8…
A commercial agent shall be entitled to commission on commercial transactions concluded…
(a) if the transaction is mainly attributable to the commercial agent’s efforts during…
(b) if, in accordance with the conditions mentioned in Article 7, the order of the…
Article 9…
A commercial agent shall not be entitled to the commission referred to in Article…
Article 10…
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