Jurisdiction(s):
European Union

EU Commercial Agents Directive (86/653/EEC): CJEU case tracker—commission, indemnity, agent/subagent definitions, scope, applicable law and software as ‘goods’

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Practice notes

EU Commercial Agents Directive cases tracker

This tracker monitors key Court of Justice decisions connected to Council Directive 86/653/EEC (OJ L 382/17), the EU Commercial Agents Directive. For added detail on the Directive, see Practice Note: The EU Commercial Agents Directive.

Scope of the ‘commission lost’ by the commercial agent for the calculation of the indemnity payment

Case: QT v O2 Czech Republic AS, Case C-574/21
Date: 23 March 2023

This decision addresses how to compute the indemnity owed to commercial agents when an agency agreement ends. Under Article 17(2) of Directive 86/653/EEC, Member States must provide that, in specified situations, agents are entitled to an indemnity on termination or expiry of the agency arrangement. The judgment clarifies which commissions are to be counted in that calculation. The Court of Justice confirmed that the indemnity should reflect commissions the agent would have continued to receive if the contract had not been brought to an end. Such commissions are payable where: the agent secured new customers, or materially increased business with existing customers prior...

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Web page updated on 21/05/2026

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