Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 2 February 2021 – Rigall Arteria Management Sp. z o.o. sp. k. v Bank Handlowy w Warszawie S.A.

(Case C-64/21)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellant in cassation: Rigall Arteria Management Sp. z o.o. sp. k.

Other party to the proceedings: Bank Handlowy w Warszawie S.A.

Question referred

In the light of the wording and purpose of Article 7(1)(b) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, ¹ must that provision be understood as conferring on a self-employed commercial agent an absolute right to commission on a contract concluded during the term of an agency contract with a third party whom he or she has previously acquired as a customer for transactions of the same kind, or may that entitlement be contractually excluded?

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¹ OJ 1986 L 382, p. 17.