Abstract

The article comments on the preliminary reference in Rigall case, submitted to the Court of Justice of the European Union by the Polish Supreme Court on 17 September 2020. It addressed the problem whether a commercial intermediary’s commission for transactions concluded with a third party whom he has previously acquired as a customer for transactions of the same kind [Art. 7(1)(b) of Directive 86/653/EEC] is of a mandatory or non-mandatory nature. The text discusses the background of the preliminary reference in the EU and Polish law, as well as outlines the core arguments that seem to be crucial for resolving the issue posed in Rigall. It also draws attention to the possible outcomes that each of alternative ways of resolving the question for preliminary a ruling by CJEU for the legal and practical dimension of the commercial intermediation market in Poland.