# C_2014184EN.01001001.xml

| 16.6.2014 | EN | Official Journal of the European Union | C 184/10 |
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16.6.2014

EN

Official Journal of the European Union

C 184/10

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Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 5 March 2014 — Ministero delle Politiche Agricole, Alimentari e Forestali v Federazione Italiana Consorzi Agrari and Others

(Case C-104/14)

2014/C 184/13

Language of the case: Italian

Referring court

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ministero delle Politiche Agricole, Alimentari e Forestali

Applicant:

Defendants: Federazione Italiana Consorzi Agrari Soc. coop. a r.l. — Federconsorzi in concordato preventivo Liquidazione Giudiziale dei Beni Ceduti ai Creditori della Federazione Italiana Consorzi Agrari Soc. coop. a r.l.

Defendants:

Questions referred

Questions referred

| 1. | Is the statute-based agreement between the State administrative authorities and groups of agricultural cooperatives (an agreement under which arose a claim that was subsequently assigned to the Consorzi alla Federconsorzi [an association of agricultural cooperatives] and, in turn, to the latter’s creditors in the context of insolvency proceedings) for the supply and distribution of agricultural products, as established by Legislative Decree No 169/1948 and Law No 1294/1957, covered by the definition of a commercial transaction, as defined in Article 2 of Directive 2000/35/EC (1) and Article 2 of Directive 2011/7/EU? (2) |
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1.

Is the statute-based agreement between the State administrative authorities and groups of agricultural cooperatives (an agreement under which arose a claim that was subsequently assigned to the Consorzi alla Federconsorzi [an association of agricultural cooperatives] and, in turn, to the latter’s creditors in the context of insolvency proceedings) for the supply and distribution of agricultural products, as established by Legislative Decree No 169/1948 and Law No 1294/1957, covered by the definition of a commercial transaction, as defined in Article 2 of Directive 2000/35/EC (1) and Article 2 of Directive 2011/7/EU? (2)

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| 2. | If the answer to Question 1 is in the affirmative, do the transposition requirements of Directive 2000/35/EC (Article 6(2)) and Directive 2011/7/EU (Article 12(3)), under which it is possible to maintain in force provisions which are more favourable, mean that it is not possible to alter for the worse, or indeed to exclude, the late-payment interest rate applicable to agreements that were already in existence when the directives entered into force? |
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2.

If the answer to Question 1 is in the affirmative, do the transposition requirements of Directive 2000/35/EC (Article 6(2)) and Directive 2011/7/EU (Article 12(3)), under which it is possible to maintain in force provisions which are more favourable, mean that it is not possible to alter for the worse, or indeed to exclude, the late-payment interest rate applicable to agreements that were already in existence when the directives entered into force?

| 3. | If the answer to Question 2 is in the affirmative, must the obligation not to alter for the worse the late-payment interest rate applicable to agreements that were already in existence be construed as imposing — as regards a legislative measure governing interest, which provides, up to a certain point (in the present case, from 31 January 1982 to 31 December 1995), for the application of a non-statutory rate and compound interest, even on an annual basis and not six-monthly, as claimed by the creditor, and, after that point, only for the payment of statutory interest — a set of rules which, in view of the particular circumstances of the dispute at issue, is not necessarily unfavourable to the creditor? |
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3.

If the answer to Question 2 is in the affirmative, must the obligation not to alter for the worse the late-payment interest rate applicable to agreements that were already in existence be construed as imposing — as regards a legislative measure governing interest, which provides, up to a certain point (in the present case, from 31 January 1982 to 31 December 1995), for the application of a non-statutory rate and compound interest, even on an annual basis and not six-monthly, as claimed by the creditor, and, after that point, only for the payment of statutory interest — a set of rules which, in view of the particular circumstances of the dispute at issue, is not necessarily unfavourable to the creditor?

| 4. | In so far Directive 2000/35/EC and Directive 2011/7/EU provide, in Articles 3(3) and 7 respectively, in relation to the prohibition of the abuse of freedom of contact to the disadvantage of the creditor, that unfair contractual terms and practices are invalid, do the transposition requirements of those directives (Articles 6 and 12, respectively) have the effect of precluding the State from adopting measures which, as regards agreements to which the State is a party and which were in existence at the time the directives entered into force, exclude late-payment interest? |
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4.

In so far Directive 2000/35/EC and Directive 2011/7/EU provide, in Articles 3(3) and 7 respectively, in relation to the prohibition of the abuse of freedom of contact to the disadvantage of the creditor, that unfair contractual terms and practices are invalid, do the transposition requirements of those directives (Articles 6 and 12, respectively) have the effect of precluding the State from adopting measures which, as regards agreements to which the State is a party and which were in existence at the time the directives entered into force, exclude late-payment interest?

| 5. | If the answer to Question 4 is in the affirmative, does the prohibition on intervening in agreements that are already in existence and to which the State is a party by adopting measures which preclude late-payment interest impose — as regards a legislative measure governing interest, which provides, up to a certain point (in the present case, from 31 January 1982 to 31 December 1995), for the application of a non-statutory rate and compound interest, even on an annual basis and not six-monthly, as claimed by the creditor, and, after that point, only for the payment of statutory interest — a set of rules which, in view of the particular circumstances of the dispute at issue, is not necessarily unfavourable to the creditor?’ |
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5.

If the answer to Question 4 is in the affirmative, does the prohibition on intervening in agreements that are already in existence and to which the State is a party by adopting measures which preclude late-payment interest impose — as regards a legislative measure governing interest, which provides, up to a certain point (in the present case, from 31 January 1982 to 31 December 1995), for the application of a non-statutory rate and compound interest, even on an annual basis and not six-monthly, as claimed by the creditor, and, after that point, only for the payment of statutory interest — a set of rules which, in view of the particular circumstances of the dispute at issue, is not necessarily unfavourable to the creditor?’

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(1)  Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35).

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(2)  Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ 2011 L 48, p. 1).

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