16.2.2015

Official Journal of the European Union

C 56/10

Request for a preliminary ruling from the Juzgado Contencioso-Administrativo N° 6 de Murcia (Spain) lodged on 3 December 2014 — IOS Finance EFC SA v Servicio Murciano de Salud

(Case C-555/14)

(2015/C 056/12)

Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo N° 6 de Murcia

Parties to the main proceedings

Applicant: IOS Finance EFC SA

Defendant: Servicio Murciano de Salud

Questions referred

‘Regard being had to Articles 4(1), 6 and 7(2) and (3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 (1) on combating late payment in commercial transactions:

1)Must Article 7(2) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to interest for late payment?

2)Must Article 7(3) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to compensation for recovery costs?

3)Should the answer to those two questions be in the affirmative, where the debtor is a contracting authority, can it rely on the freedom of contract of the parties in order to avoid its obligation to pay interest for late payment and compensation for recovery costs?’

* Language of the case: Spanish.

(1) OJ 2011 L 48, p. 1.