Official Journal of the European Union

EN

C series

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C/2024/4318

15.7.2024

(Case C-394/24)

(C/2024/4318)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: G. Gattinara, M. Ioan, acting as Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:

1)declare that:

—by having interpreted and applied Article 168-bis(1) of the DPR of 30 May 2002 n. 115 in such a way that the supply for consideration of a rental service of equipment for telephone and environmental wiretapping is not regarded as a commercial transaction within the meaning of 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, (1) and

—by having failed to ensure that, from 2018 to 2023, its public administrative authorities observed in practice the time limits for payments provided for in Article 4(3) of Directive 2011/7/EU for the payment of consideration for rental services of equipment for telephone and environmental wiretapping, the Italian Republic has failed to fulfil its obligations under those provisions of the directive;

2)order the Italian Republic to pay the costs.

Pleas in law and main arguments

By its first plea, the Commission submits that the interpretation and application of the Article 168-bis(1) of the DPR of 30 May 2002 n. 115 as excluding rental service for consideration of equipment for telephone and environmental wiretapping from the definition of ‘commercial transaction’ within the meaning of Article 2(1) of Directive 2011/7/EU is incompatible with the obligations incumbent on Italy under that provision. According to the Commission, this is the consequence of a literal, contextual and teleological interpretation of the provision concerned.

By its second plea, the Commission argues that the average time for payment of rental services for consideration of equipment for telephone and environmental wiretapping observed by the Italian authorities from 2018 to 2023 exceeds the time limit of 30 days laid down in Article 4(3) of that directive. As a result, according to the Commission, the Italian Republic has failed to fulfil the obligations under that provision.

(1)

OJ 2011 L 48, p. 1.

ELI: http://data.europa.eu/eli/C/2024/4318/oj

ISSN 1977-091X (electronic edition)

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