# C_2016287EN.01001301.xml

| 8.8.2016 | EN | Official Journal of the European Union | C 287/13 |
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8.8.2016

EN

Official Journal of the European Union

C 287/13

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Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 April 2016 — Ministério da Saúde, Administração Regional de Saúde de Lisboa e Vale do Tejo, I.P. v João Carlos Lombo Silva Cordeiro

(Case C-229/16)

(2016/C 287/17)

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Parties to the main proceedings

Applicants: Ministério da Saúde, Administração Regional de Saúde de Lisboa e Vale do Tejo, I.P.

Applicants:

Defendant: João Carlos Lombo Silva Cordeiro

Defendant:

Questions referred

Questions referred

| A. | Does Directive 2000/35/EC (1) ... of 29 June 2000 apply, in the light of recital 13 of that directive, to the system for the payment of the State’s contributions to the cost of medicinal products dispensed to members of the SNS, established by Decree-Law No 242-B/2006 and implemented by Order No 3- B/2007? |
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A.

Does Directive 2000/35/EC (1) ... of 29 June 2000 apply, in the light of recital 13 of that directive, to the system for the payment of the State’s contributions to the cost of medicinal products dispensed to members of the SNS, established by Decree-Law No 242-B/2006 and implemented by Order No 3- B/2007?

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| B. | In the event that it does apply, is it possible to conclude from Articles 5 and 6 of Decree-Law No 242-B/2006 the existence of an adhesion contract capable of falling within the scope of Article 3(1)(b) of the abovementioned directive in view of the fact that it is possible to adhere to or be released from that contract, depending on whether or not medicinal products are dispensed? |
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B.

In the event that it does apply, is it possible to conclude from Articles 5 and 6 of Decree-Law No 242-B/2006 the existence of an adhesion contract capable of falling within the scope of Article 3(1)(b) of the abovementioned directive in view of the fact that it is possible to adhere to or be released from that contract, depending on whether or not medicinal products are dispensed?

| C. | Are Article 8 of Decree-Law No 242-B/2006 and Articles 8 and 10 of Order No 3-B/2007, in making provision for monthly invoicing, compatible with Directive 2000/35 ... (Article 3(1)(b)(i))? |
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C.

Are Article 8 of Decree-Law No 242-B/2006 and Articles 8 and 10 of Order No 3-B/2007, in making provision for monthly invoicing, compatible with Directive 2000/35 ... (Article 3(1)(b)(i))?

| D. | Is it possible to regard Article 10 of Order No 3-B/2007 as falling within the scope of [Article 3(2)] of the abovementioned directive, where it provides that the deadline for payment is to be the 10th day of the month following the one in which the invoice was received? |
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D.

Is it possible to regard Article 10 of Order No 3-B/2007 as falling within the scope of [Article 3(2)] of the abovementioned directive, where it provides that the deadline for payment is to be the 10th day of the month following the one in which the invoice was received?

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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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