Analysis: “Still the old question of non-derogability as a guarantee of protection of the weaker party: Court of Justice in Rigall Arteria Management (C-64/21)” by João Zenha Martins

Framework

The Court of Justice, in Rigall Arteria Management, C-64/21, ruled that it is possible to contract out of the right that Article 7(1)(b) of Directive 86/653/EEC (the Directive) confers on an independent commercial agent to receive a commission relating to a transaction entered into with a third party, when the third party was previously the agent’s customer for transactions of the same kind.

Arguments

The Court followed the Opinion of the Advocate General, ruling that:

where it is not possible to derogate from one of its provisions, the European Union legislature is careful to indicate so; it is clear from Article 6(1) of that Directive that the level of an agent's remuneration depends primarily on agr