LEGAL OPINION: Ship’s agent

The function of ship’s agent, although not specifically regulated, resembles that of a commercial repre-sentative, principals being the ship’s interests.

The agent may act in the principal’s name or in its own name, always on the principal’s behalf. The agent, where he has contributed to attracting new clients or substantially increased volume of existing clientele, is entitled to a “clientele remuneration”.

This applies when the representation agreement is terminated, and the clientele is maintained, thus benefiting the ship’s interests.

The measure of such remuneration is judged from the volume of clientele remaining with the ship’s interests, the corresponding benefit and the profit the agent would have in case the agreement continued. Supreme Court Judgment no 2219/2014, Presiding: G. Chrysikos, Rapporteur Judge: I. Maginas, Attorneys at law: P. Rousias, D. Taglis, Maritime Law Review vol. 43, p. 20. NOTE: In view of lack of specific regulations covering ship’s agents, courts tend to apply relevant EU provisions for commercial representatives as incorporated in Greek law. This is especially so when ship’s agent is prevented from competing with the principal, is bound by commercial confidentiality, promotes the principal’s business and is controlled by the latter, advertises the business and notifies the principal of the clientele.