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Case C-327/20: Judgment of the Court (Ninth Chamber) of 13 January 2022 (request for a preliminary ruling from the Sąd Okręgowy w Opolu — Poland) — Skarb Państwa — Starosta Nyski v New Media Development & Hotel Services Sp. z o.o. (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Scope — Concept of ‘commercial transactions’ — Public authority acting as a creditor of an undertaking — Excluded — Handing over by a public authority of an immovable property in perpetual usufruct to an undertaking against payment of an annual fee)
ECLI:EU:UNKNOWN:62020CA0327
62020CA0327
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Official Journal of the European Union
C 109/8
(Case C-327/20) (1)
(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payment in commercial transactions - Scope - Concept of ‘commercial transactions’ - Public authority acting as a creditor of an undertaking - Excluded - Handing over by a public authority of an immovable property in perpetual usufruct to an undertaking against payment of an annual fee)
(2022/C 109/10)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Skarb Państwa — Starosta Nyski
Defendant: New Media Development & Hotel Services Sp. z o.o.
Operative part of the judgment
The concept of ‘commercial transaction’ within the meaning of Article 2(1) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions must be interpreted as meaning that it does not cover the collection, by a public authority, of a payment due as remuneration for the perpetual usufruct of a plot of land from an undertaking of which that public authority is the creditor.
(1) OJ C 28, 25.1.2021.