8.11.2008 |
EN |
Official Journal of the European Union |
C 285/9 |
Judgment of the Court (First Chamber) of 11 September 2008 (reference for a preliminary ruling from the Tribunale civile di Roma — Italy) — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C
(Case C-265/07) (1)
(Commercial transactions - Directive 2000/35/EC - Combating of late payment - Procedures for recovery of unchallenged claims)
(2008/C 285/14)
Language of the case: Italian
Referring court
Tribunale civile di Roma
Parties to the main proceedings
Applicant: Caffaro Srl
Defendant: Azienda Unità Sanitaria Locale RM/C
In the presence of: Banca di Roma SpA
Re:
Reference for a preliminary ruling — Tribunale civile di Roma — Interpretation of Article 5 of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35) — Recovery procedures for uncontested debts — National legislation laying down that a period of 120 days from the date of notification of the recovery order must elapse before recovery of the debt may be enforced
Operative part of the judgment
Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions is to be interpreted as not precluding a national provision such as Article 14 of Decree-Law No 669/1996 of 31 December 1996, converted into a law, after amendment, by Law No 30 of 28 February 1997, as amended by Article 147 of Law No 388 of 23 December 2000, pursuant to which a creditor in possession of an enforceable title in respect of an unchallenged claim against a public authority as remuneration for a commercial transaction cannot proceed to forced execution against the public authority before a period of 120 days has elapsed since service of the enforceable title on the authority.