DCC 331/2005

This case involved goods imported where a commercial agency existed. Only the agent should have been able to do this. Evidence had to be provided to support a claim that these goods had been imported before the agency agreement had been concluded.

Key Legal Questions

Whether it is permissible to import goods which are subject to a commercial agency registered at Ministry of Economy, for the purpose of trading if not through the agent.

The required proof of a claim of a commercial agent that goods found were imported by him before the registration of the agency at the Ministry of Economy.

Background Facts

The Plaintiff filed a suit asking the court to order the Defendant to pay three million AED because they were the exclusive agent of a company producing and this was registered at the Ministry of Economy and Trade. The Plaintiff discovered that new products had entered into the State for the purpose of trading by other parties. The Plaintiff filed a complaint to the Ministry of Economy and on 17/5/2004, the products which were subject to the commercial agency were found to be with the Defendant.

Proceedings

Court of first instance - Decision dated 15/1/2005: