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Case C-725/23, Tusnia: Judgment of the Court (Ninth Chamber) of 12 December 2024 (request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach – Poland) – M. sp. z o.o. I. S.K.A. v R.W. (Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Transactions between undertakings – Commercial lease agreement – Point 8 of Article 2 – Concept of amount due – Re-invoicing of rental charges and costs associated with the rent)
ECLI:EU:UNKNOWN:62023CA0725
62023CA0725
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Official Journal of the European Union
C series
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C/2025/698
10.2.2025
(Case C-725/23,
Tusnia)
(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payment in commercial transactions - Transactions between undertakings - Commercial lease agreement - Point 8 of Article 2 - Concept of ‘amount due’ - Re-invoicing of rental charges and costs associated with the rent)
(C/2025/698)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: M. sp. z o.o. I. S.K.A.
Defendant: R.W.
Operative part of the judgment
Point 8 of Article 2 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 the concept of ‘amount due’ referred to therein covers, in addition to the amount which the debtor is required to pay in return for the main service provided to him or her by the creditor in performance of the contract concluded between them, sums which the debtor has undertaken, under that contract, to reimburse to the creditor in respect of costs incurred by the latter and connected with the performance of that contract.
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ELI: http://data.europa.eu/eli/C/2025/698/oj
ISSN 1977-091X (electronic edition)
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(1) OJ C C/2024/1672.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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Language of the case: Polish