19.6.2023

Official Journal of the European Union

C 216/19

(Case C-78/22, (1) ALD Automotive)

(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payments in commercial transactions - Article 6 - Fixed minimum sum of EUR 40 as compensation for the recovery costs incurred by the creditor - Late payment regarding contracts for successive performance - Fixed compensation due in respect of each late payment - Obligation to give full effect to EU law - Obligation of interpretation in compliance with EU law - General principles of national private law)

(2023/C 216/25)

Language of the case: Czech

Referring court

Parties to the main proceedings

Applicant: ALD Automotive s.r. o.

Defendant: DY, acting as insolvency administrator of the debtor company GEDEM-STAV a.s.

Operative part of the judgment

1.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 payments, each of which must be made within a specified period, the fixed minimum sum of EUR 40 provided for in Article 6(1) is payable, by way of compensation for the creditor’s recovery costs, in respect of each late payment.

2.Article 6(1) of Directive 2011/7, read in conjunction with Article 6(3), and point (c) of the second subparagraph of Article 7(1) of that directive, must be interpreted as precluding a national court from refusing or reducing the fixed sum provided for in the first provision, on the basis of the general principles of national private law, including where late payments which have arisen in the context of a single contract relate, inter alia, to amounts that are low or lower than that fixed sum.

(1) OJ C 213, 30.5.2022.