References: [1999] EWCA Civ 1942
Links: Bailii
Coram: Morritt, Thorpe, Popplewell LJJ
Ratio: The claimant sought to add a claim under the regulations for compensation after termination of his agency for the defendants. The lower court had rejected his claim saying that the petrol products he sold were at a price fixed by Esso, and that since he did not negotiate the price he fell outside the regulations.
Held: The word ‘negotiate’ need not include the bargaining of price, but did require more than a collection of funds after a self-service sale: ‘he took no part in the customer’s choice and self-service.’
Statutes: Commercial Agents (Council Directive) Regulations 1993
Jurisdiction: England and Wales
This case cites:
- Leave to appeal – Parks v Esso Petroleum Company Limited CA (Bailii, [1998] EWCA Civ 1820)
A renewed application for leave to appeal and for an application for leave to serve and set down out of time a notice of appeal in respect of which leave was given. . . - Cited – Stergios Delimitis v Henninger Brau AG ECJ (C-234/89, [1991] ECR I-935, Bailii, [1991] EUECJ C-234/89)
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it . . - Cited – Gibbs Mew Plc v Graham Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Graham Gemmell CA (Bailii, [1998] EWCA Civ 1262, [1998] EuLR 588, [1999] 1 EGLR 43)
The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was . . - Cited – Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd CA (Bailii, [1999] EWCA Civ 1501)
The court considered the validity of beer ties affecting public houses. . .
(This list may be incomplete)
This case is cited by:
- Cited – Claramoda Ltd v Zoomphase Ltd (T/A Jenny Packham) ComC (Bailii, [2009] EWHC 2857 (Comm))
The former distribution agent sought to claim under the Regulations. The defendant said that the claim had not been notified as it should, within one year. The agency was for the sale of fashion items. Termination had been informal, stating that it . .
(This list may be incomplete)
Last Update: 29 March 2019
Ref: 146857
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