# C_2021490EN.01001502.xml

| 6.12.2021 | EN | Official Journal of the European Union | C 490/15 |
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6.12.2021

EN

Official Journal of the European Union

C 490/15

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Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie (Poland) lodged on 8 July 2021 — X sp. z o.o., sp. k. v Z

(Case C-419/21)

(2021/C 490/15)

Language of the case: Polish

Referring court

Sąd Rejonowy dla m.st. Warszawy w Warszawie

Parties to the main proceedings

Applicant: X sp. z o.o., sp. k.

Defendant: Z

Questions referred

| 1. | Must Article 6(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) be interpreted as meaning that, in the case of a contract in which the parties provided for several deliveries of goods and in which payment for each delivery was due within a certain time limit after that delivery, a fixed sum of EUR 40, as a minimum, is payable for each late payment for an individual delivery, or does European Union law merely require that the creditor be paid a fixed sum of EUR 40 in respect of the entire commercial transaction which comprises several deliveries irrespective of the number of late payments for individual deliveries? |
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1.

Must Article 6(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) be interpreted as meaning that, in the case of a contract in which the parties provided for several deliveries of goods and in which payment for each delivery was due within a certain time limit after that delivery, a fixed sum of EUR 40, as a minimum, is payable for each late payment for an individual delivery, or does European Union law merely require that the creditor be paid a fixed sum of EUR 40 in respect of the entire commercial transaction which comprises several deliveries irrespective of the number of late payments for individual deliveries?

| 2. | 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, does a contract for the supply of goods that obliges the supplier to supply to the contracting authority, for a price agreed in that contract, a certain quantity of goods and at the same time grants the contracting authority the right to determine unilaterally the timing and volumes of the individual deliveries comprising execution of the subject of the contract, including the possibility of opting out from receiving some of the goods contracted for without suffering any negative consequences, and obliges the contracting authority to pay for each part delivery within a certain time limit calculated from receipt of that part delivery, constitute a single commercial transaction, or does each of those part deliveries, which are based on the contracting authority’s stated requirements, constitute a separate commercial transaction within the meaning of the directive, even though it does not constitute a separate contract under national law? |
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2.

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, does a contract for the supply of goods that obliges the supplier to supply to the contracting authority, for a price agreed in that contract, a certain quantity of goods and at the same time grants the contracting authority the right to determine unilaterally the timing and volumes of the individual deliveries comprising execution of the subject of the contract, including the possibility of opting out from receiving some of the goods contracted for without suffering any negative consequences, and obliges the contracting authority to pay for each part delivery within a certain time limit calculated from receipt of that part delivery, constitute a single commercial transaction, or does each of those part deliveries, which are based on the contracting authority’s stated requirements, constitute a separate commercial transaction within the meaning of the directive, even though it does not constitute a separate contract under national law?

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

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