31.8.2020

Official Journal of the European Union

C 287/9

(Case C-199/19) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Combating late payment in commercial transactions - Directive 2011/7/EU - Concept of ‘commercial transaction’ - Provision of services - Article 2(1) - Lease or rental agreement - Periodical payments - Payment schedule providing for instalments - Article 5 - Scope)

(2020/C 287/12)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: RL sp. z o.o.

Defendant: J.M.

Operative part of the judgment

1.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 a contract under which the main obligation is the provision, for payment, of a property for temporary use, such as lease or rental agreement for business premises, is a commercial transaction leading to a provision of services, within the meaning of that provision, provided that that transaction is between undertakings or between undertakings and public authorities;

2.Since a fixed-term or indefinite contract providing for periodic payments at pre-determined intervals, such as the monthly rent relating to a lease or rental agreement for business premises, falls within the material scope of Directive 2011/7 as a commercial transaction leading to the provision of services for remuneration, within the meaning of Article 2(1) of that directive, Article 5 of that directive must be interpreted as meaning that in order for such a contract to give rise, in the event of payment which is not regulated by a payment schedule, to the rights to interest and compensation provided for in Article 3 and Article 6 of that directive, it must not necessarily be considered to be an agreement on a payment schedule providing for instalments, within the meaning of Article 5 of that directive.

(<span class="oj-super">1</span>) OJ C 164, 13.5.2019.