# C_2019164EN.01003001.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/30 |
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13.5.2019

EN

Official Journal of the European Union

C 164/30

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Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi (Poland) lodged on 27 February 2019 — RL sp. z o.o., having its seat in Ł. v J.M.

(Case C-199/19)

(2019/C 164/33)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi

Parties to the main proceedings

Applicant: RL sp. z o.o., having its seat in Ł.

Defendant: J.M.

Questions referred

| 1. | Should 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, (1) as transposed into the Polish legal order by Article 4(1) of the Ustawa z dnia 8 marca 2013 r. o terminach zapłaty w transakcjach handlowych (Law of 8 March 2013 on Payment Terms in Commercial Transactions) (consolidated text: Journal of Laws [Dz. U.] of 2019, item 118), be interpreted as meaning that contracts the characteristic performance of which consists in providing a temporary right to use goods in exchange for rent (for instance, lease or rental agreements) must also be regarded as transactions which lead to the delivery of goods or the provision of services for remuneration (commercial transactions)? |
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1.

Should 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, (1) as transposed into the Polish legal order by Article 4(1) of the Ustawa z dnia 8 marca 2013 r. o terminach zapłaty w transakcjach handlowych (Law of 8 March 2013 on Payment Terms in Commercial Transactions) (consolidated text: Journal of Laws [Dz. U.] of 2019, item 118), be interpreted as meaning that contracts the characteristic performance of which consists in providing a temporary right to use goods in exchange for rent (for instance, lease or rental agreements) must also be regarded as transactions which lead to the delivery of goods or the provision of services for remuneration (commercial transactions)?

| 2. | If the answer to the first question is in the affirmative, should Article 5 of Directive 2011/7/EU, as transposed into the Polish legal order by Article 11(1) of the Law of 8 March 2013 on Payment Terms in Commercial Transactions, be interpreted as meaning that an agreement that the debtor is to make periodic payments, also in the case where the contract is concluded for an indefinite term, is tantamount to the parties to a commercial transaction agreeing on a payment schedule providing for instalments? |
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2.

If the answer to the first question is in the affirmative, should Article 5 of Directive 2011/7/EU, as transposed into the Polish legal order by Article 11(1) of the Law of 8 March 2013 on Payment Terms in Commercial Transactions, be interpreted as meaning that an agreement that the debtor is to make periodic payments, also in the case where the contract is concluded for an indefinite term, is tantamount to the parties to a commercial transaction agreeing on a payment schedule providing for instalments?

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

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