Abstract

The gloss approves of the interpretation of Art. 17 (2) of Council Directive 86/653/EEC adopted by the Court of Justice, according to which the said provision does not preclude cumulation of indemnity and compensation for damage other than the commission lost by the representative and included in the amount of indemnity. The gloss also indicates that the damage subject to compensation pursuant to Art. 17 (2) (c) of Directive 86/653/EEC includes the commission lost as a result of terminating the agency contract by the representative due non-performance or inadequate performance of this contract by the principal. The gloss assumes that indemnity may limit the scope of damage based on the commission lost by the representative and also points out the view that when determining compensation taken into account should be the commission lost net of the costs that would have been covered from the commission had the agency contract not been terminated.