Official Journal of the European Union

C 249/2

Reference for a preliminary ruling from the Oberlandesgericht Köln (Germany), lodged on 14 July 2006 — Deutsche Telekom AG v 01051 Telecom GmbH

(Case C-306/06)

(2006/C 249/05)

Language of the case: German

Referring court

Oberlandesgericht Köln

Parties to the main proceedings

Applicant: Deutsche Telekom AG

Defendant: 01051 Telecom GmbH

Question referred

Is a national rule that payment preventing the occurrence of default by a debtor or terminating existing default on his part does not depend on the time when the amount is credited to the creditor's account but on the time when the debtor gives a transfer order that is covered by sufficient funds or a sufficient credit limit and is accepted by the bank compatible with Article 3(1)(c)(ii) of Directive 2000/35/EC (1) of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions?

(1)  OJ L 200, p. 35.