MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 3 - Freedom to Provide Services Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO

Chapter 03: Right of establishment and freedom to provide services COMMERCIAL AGENTS Vladimir Savković University of Montenegro Faculty of law e-mail: vsavkovic@t-com. me Vuksanovic Chamber of Economy e-mail: vuksanovic@ckb. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Chapter 3: Nauka i istraživanje

Chapter 03: Right of establishment and freedom to provide services Relevant acquis: • COUNCIL DIRECTIVE of 18 December 1986 on the Coordination of the Laws of the Member State Relating to Self-employed Commercial Agents (86/653/EEC) Montenegrin Legislation framework: • Law on Obligations (“Official Gazette of Montenegro”, no. 47/08 and 04/11) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services General Remarks • Law on obligations concept of the commercial agents generally follows the same concept as the Directive 86/653/EEC does MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Selected specific issues • Definitions of the commercial agents from the Directive (Article 1 Paragraph 2) and the one from the Law on Obligations (Article 883), although not of the same wording, are matching essentially • Law on Obligations should also be considered as being in conformity with the exclusions from the notion of commercial agents stipulated by the Directive (Article 1 Paragraph 3 and Article 2 Paragraphs 1 and 2), although Law on Obligations does not explicitly stipulates those exclusions. Namely, there are separate laws regulating each of those situations and the according principle Lex specialis derogat legi generali is applied MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Selected specific issues • When it comes to rights and obligations of the commercial agents, Law on obligations (Articles 895 and 896) is mostly in conformity with the according provisions of the Directive (Articles 3 and 4). • There is no specific provision in Law on Obligations forbidding derogation from the stipulated rights and obligations of a commercial agent and of the principal, as the Directive (Article 5) does. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Chapter 3: Nauka i istraživanje

Chapter 03: Right of establishment and freedom to provide services Selected specific issues The provisions of the Directive concerning remuneration (Articles 6 -12) are more comprehensive and precise than those of the Law on Obligations (Articles 897, 898 and 899) and are more protective when it comes to the status of commercial agents. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Chapter 3: Nauka i istraživanje

Chapter 03: Right of establishment and freedom to provide services Selected specific issues The Law on Obligations (Articles 884, 903, 904 and 905) are mostly in conformity with the provisions of the Directive (Articles 13, 14, 15 and 16) on conclusion and termination (including the rescinding) of the contract between the commercial agent and the principal. The only deviation (nonconformity) concerns the periods of notice for the termination of contracts concluded for an indefinite time not matching precisely MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Chapter 3: Nauka i istraživanje

Chapter 03: Right of establishment and freedom to provide services Concluding • Directive 86/653/EEC is partially transposed into Montenegrin Legal system. • Since the Law on Obligations generally follows the same concept as the Directive no major difficulties should be expected in course of seeing this process through MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Chapter 3: Nauka i istraživanje

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