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Case C-370/21: Judgment of the Court (Eighth Chamber) of 1 December 2022 (request for a preliminary ruling from the Landgericht München I — Germany) — DOMUS-Software-AG v Marc Braschoß Immobilien GmbH (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Compensation for recovery costs incurred by the creditor due to late payment by the debtor — Article 6 — Fixed minimum sum of EUR 40 — Several late payments for periodic supplies of goods or services under a single contract)
ECLI:EU:UNKNOWN:62021CA0370
62021CA0370
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30.1.2023
Official Journal of the European Union
C 35/9
(Case C-370/21) (*)
(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payment in commercial transactions - Compensation for recovery costs incurred by the creditor due to late payment by the debtor - Article 6 - Fixed minimum sum of EUR 40 - Several late payments for periodic supplies of goods or services under a single contract)
(2023/C 35/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: DOMUS-Software-AG
Defendant: Marc Braschoß Immobilien GmbH
Operative part of the judgment
Article 6(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, read in conjunction with Article 3 of that directive,
must be interpreted as meaning that:
where a single contract provides for periodic deliveries of goods or provision of services, each requiring payment within a specified period, the fixed minimum sum of EUR 40 by way of compensation for recovery costs is payable to the creditor for each late payment.
(*)
Language of the case: German
ECLI:EU:C:2025:140