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AMB Imballaggi Plastici v Pacflex [1999]

Facts

  • Pacflex, pursuant to an unwritten agreement, could have been acting as an agent or a distributor to AMB, but in any event failed to pay several large invoices

Issue

  • Could Pacflex claim the benefit of the Commercial Agents (Council Directive) Regulations 1993?

Decision

  • No

Reasoning

  • As the defendant, on the facts, was acting as a distributor and therefore on his own behalf, the regulations did not apply
  • There was no grant of continuing authority
  • Had the regulations applied, Pacflex’s activities would have been considered secondary
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