Judgment No. 18942/2024: the right of access to accounting documentation in the agency contract

The recent ruling of the Court of Cassation, No. 18942 of July 10, 2024, addresses a crucial issue in the context of the agency contract: the right of the agent to access accounting documentation. This ruling fits into a complex legal framework where the balance between the rights and duties of the parties is essential to ensure proper management of commercial relationships.

The regulatory context

According to Article 1749 of the Civil Code, the agent has the right to access the accounting documentation necessary for the calculation of commissions and indemnities. This right is further specified by Article 4 of Legislative Decree No. 65 of 1999, which establishes the conditions and limits for exercising this right. The ruling in question reaffirms that access to accounting documentation is essential for the agent, as it allows them to support their claim regarding the economic rights arising from the agency relationship.

Right of access to the accounting documentation of the principal - Existence - Conditions and limits. In the matter of agency contracts, the right to access and to accounting documentation, as set forth in Article 1749 of the Civil Code, as resulting from Article 4 of Legislative Decree No. 65 of 1999, is functionally and instrumentally connected to the satisfaction of the right to commissions and indemnities related to the agency relationship, as acquiring the documentation held solely by the principal must be essential to support, on a probative level, the claim made in relation to specific or ascertainable rights, so that the party acting to obtain the documentary exhibition must deduce and demonstrate the existence of an interest in acting with detailed reference to the relevant events of the relationship and the indication of the rights, specific or ascertainable, for which the request is aimed.

The practical implications of the ruling

The Court emphasizes that it is not enough to request access to the accounting documentation; the agent must demonstrate the existence of a legitimate and specific interest in such a request. This implies that when an agent needs to exercise this right, they must clarify which rights they intend to ascertain and how the requested documentation is functional to that ascertainment.

  • The right of access is linked to concrete economic rights.
  • It is necessary to demonstrate the legitimate interest in the request.
  • The documentation must be relevant and necessary for proving the claimed rights.

Conclusions

In summary, the ruling No. 18942/2024 of the Court of Cassation offers a clear interpretation of the right of access to accounting documentation in the agency contract. Agents must be aware that exercising this right is not automatic, but requires adequate demonstration of the interest and relevance of the requested documentation. This approach not only protects the rights of agents but also helps to maintain a proper balance in the relationship with the principals.

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