IUCAB Legal Working Group meets in Valencia
In April 2015, the IUCAB Legal Working Group (LWG) came together in Valencia, Spain. Mr. José Orero of the “Valencia Agency Organisation” (COAC Valencia) facilitated the meeting. Mr. Pascual Chuliá, lawyer of COAC, participated in the meeting as well.
Mr. Chuliá informed the LWG about the right to compensation/indemnity for agents under Spanish law. The LWG discussed amongst other, the status of “Refit” and especially the results of the EC Public Consultation. Most countries, agents’ organisations and trade organisations seem to be in favor of maintaining the Directive. Only UK has argued in favor of repeal.
The members of LWG discussed whether or not sub-agents are protected by the Directive/national legislation. Everyone seems to agree that sub-agents are not covered directly by the Directive as they do not sell goods on behalf of the principal, ref. Article 1 (2). Other aspects are the position of the agent towards the subagent, the termination of the sub-agency agreement as consequence of a breach by either the agent, or the sub-agent.
The topic will be discussed again with other lawyers during the ExCom meeting In Warsaw, Poland in May 2015.
Interesting case law from various countries was discussed. Most of them came from Spain.
The next IUCAB LWG meeting will be held in Italy on 9th October 2015.