DENMARK: New case-law on service agents under the Danish Agency Act.
Commercial agents who are engaged in the sale of telecommunication services are not protected under the Danish Agency Act.
The agent (Sellect) was appointed by the principal (Telia Mobile) to obtain orders for telecommunication services offered by the principal. The court established that only commercial agents engaged in the buying or selling of goods are covered be the definition of commercial agents in the Danish Agency Act, for which reason the Act did not apply to the commercial relationship between the parties.
The court further established that application of the provisions of the Act cannot take place by analogy. Irrespective of the fact that the agent as part of obtaining orders for telecommunication services also was offering mobile telephones the main objective of the services rendered by the agent was connected to the selling of services for which reason the claims raised under the Agency Act were rejected.
Michael H. Svendsen, IDI Country Expert for Denmark.
The text of the judgement, together with other interesting case-law on agency and distribution contracts, can be found in the Danish page of the Reports Section of the website, while the relevant legislation concerning agency and distribution agreements in UK can be found in the Legislation Section of the Website.
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