# C_2016335EN.01003302.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/33 |
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12.9.2016

EN

Official Journal of the European Union

C 335/33

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Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 10 June 2016 — Piotr Zarski v Andrzej Stadnicki

(Case C-330/16)

(2016/C 335/45)

Language of the case: Polish

Referring court

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Parties to the main proceedings

Appellant: Piotr Zarski

Appellant:

Respondent: Andrzej Stadnicki

Respondent:

Questions referred

Questions referred

| 1. | Does the letting of premises constitute a service within the meaning of Articles 2(1) and 3 (and recitals 2, 3, 7, 11, 18 and 23) 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) |
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1.

Does the letting of premises constitute a service within the meaning of Articles 2(1) and 3 (and recitals 2, 3, 7, 11, 18 and 23) 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)

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| 2. | If the answer to Question 1 is in the affirmative, where a letting contract of indefinite duration is concluded, does the contract or the single, separate ‘transaction’, which is what each individual rental payment in return for access to the premises and utilities is, constitute a commercial transaction within the meaning of Articles 1(1), 2(1), 3, 6 and 8 (and recitals 1, 3, 4, 8, 9, 26 and 35) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions? |
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2.

If the answer to Question 1 is in the affirmative, where a letting contract of indefinite duration is concluded, does the contract or the single, separate ‘transaction’, which is what each individual rental payment in return for access to the premises and utilities is, constitute a commercial transaction within the meaning of Articles 1(1), 2(1), 3, 6 and 8 (and recitals 1, 3, 4, 8, 9, 26 and 35) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions?

| 3. | If in the answer to Question 2 it is established that each individual payment of rent in return for access to the premises and utilities does constitute a commercial transaction, must Articles 1(1), 2(1) and 12(4) (and recital 3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions be interpreted as meaning that the Member States can exclude application of the directive to letting contracts concluded before 16 March 2013 in cases where late individual payments of rent occur after that date? |
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3.

If in the answer to Question 2 it is established that each individual payment of rent in return for access to the premises and utilities does constitute a commercial transaction, must Articles 1(1), 2(1) and 12(4) (and recital 3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions be interpreted as meaning that the Member States can exclude application of the directive to letting contracts concluded before 16 March 2013 in cases where late individual payments of rent occur after that date?

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(1)  OJ 2011 L 48, p. 1.

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