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Case C-419/21: Judgment of the Court (Eighth Chamber) of 1 December 2022 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — X sp. z o.o. sp.k. v Z (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Article 2(1) — Concept of ‘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 supplies of goods or services under a single contract)
ECLI:EU:UNKNOWN:62021CA0419
62021CA0419
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30.1.2023
Official Journal of the European Union
C 35/12
(Case C-419/21)
(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payment in commercial transactions - Article 2(1) - Concept of ‘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 supplies of goods or services under a single contract)
(2023/C 35/13)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: X sp. z o.o. sp.k.
Defendant: Z
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: the concept of ‘commercial transactions’ referred to therein covers each successive delivery of goods or provision of services carried out under a single contract.
2.Article 6(1) of Directive 2011/7, read in conjunction with Article 4 of that directive, must be interpreted as meaning that: where a single contract provides for successive 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.
(1) OJ C 490, 6.12.2021.