# C_2017046EN.01000402.xml

| 13.2.2017 | EN | Official Journal of the European Union | C 46/4 |
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13.2.2017

EN

Official Journal of the European Union

C 46/4

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Judgment of the Court (Fifth Chamber) of 15 December 2016 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — Drago Nemec v Republika Slovenija

(Case C-256/15) (1)

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((Reference for a preliminary ruling - Directive 2000/35/EC - Combating late payment - Jurisdiction of the Court - Transaction concluded before the accession of the Republic of Slovenia to the European Union - Scope - Concept of ‘commercial transaction’ - Concept of ‘undertaking’ - Maximum amount of interest for late payment))

(2017/C 046/05)

Language of the case: Slovenian

Referring court

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings

Parties to the main proceedings

Applicant: Drago Nemec

Applicant:

Defendant: Republika Slovenija

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 2(1) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions must be interpreted as meaning that a natural person holding a licence to carry on an activity as a self-employed craftsman must be regarded as an ‘undertaking’ within the meaning of that provision, and a transaction concluded by him as a ‘commercial transaction’ within the meaning of that provision, where that transaction, although not part of the activities covered by the licence, forms part of the exercise of an independent economic or professional activity that is structured and stable, which is for the referring court to ascertain in the light of all the circumstances of the case. |
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1.

Article 2(1) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions must be interpreted as meaning that a natural person holding a licence to carry on an activity as a self-employed craftsman must be regarded as an ‘undertaking’ within the meaning of that provision, and a transaction concluded by him as a ‘commercial transaction’ within the meaning of that provision, where that transaction, although not part of the activities covered by the licence, forms part of the exercise of an independent economic or professional activity that is structured and stable, which is for the referring court to ascertain in the light of all the circumstances of the case.

| 2. | Directive 2000/35 must be interpreted as not precluding national legislation, such as Article 376 of the Obligacijski zakonik (Code of obligations), under which interest for late payment accrued but not paid ceases to run when the amount of the interest equals the principal amount. |
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2.

Directive 2000/35 must be interpreted as not precluding national legislation, such as Article 376 of the Obligacijski zakonik (Code of obligations), under which interest for late payment accrued but not paid ceases to run when the amount of the interest equals the principal amount.

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(1)  OJ C 302, 14.9.2015.

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