Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 13 października 2022 r. w sprawie prawa agenta do prowizji od umów z klientami pozyskanymi poprzednio przez agenta (sprawa C-64/21)
Gloss to the Judgment of the Court of Justice of the European Union of 13 October 2022 on the agent’s entitlement to commission on contracts concluded with customers previously acquired by the agent (Case C-64/21)

Summary/Abstract: The gloss refers to the judgment of the Court of Justice of the European Union of 13 October2022 in Case C-64/21. The court adjudicated on the problem presented in the request for a pre-liminary ruling from the Polish Supreme Court (Case I CSK 483/18). The issue considered bythe Supreme Court related to the legal nature of the provision of Article 761 §1 in fi ne of thePolish Civil Code, and more specifi cally to the determination whether this provision is dispositive,imperative or semi-imperative. In reality, the question was whether Article 761 §1 in fi ne of thePolish Civil Code ‘imposes’ the agent’s entitlement to commission on contracts entered into bythe ordering party with clients previously acquired by the agent for contracts of the same kind, or whether that entitlement may be contractually excluded. The referral to the CJEU for a pre-liminary ruling resulted from the fact that Article 7(1)(b) of Council Directive 86/653/EEC hadbeen transposed into Polish law by means of Article 761 §1 in fi ne of the Polish Civil Code and,in the Supreme Court’s opinion, it was desirable to apply a pro-EU interpretation. In the glossedjudgment, the Court ruled that Article 7(1)(b) of the Directive is dispositive and that the agent’sentitlement to commission on such contracts may be derogated. In general, the author of thisgloss considers the CJEU’s judgment to be correct in the context of the arguments cited by theCourt, with those arguments being based on the interpretation borne out by the legislative historyof the directive, its genesis and the process of creating its legal provisions at the initial stage.

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