Judgment — ECLI:EU:C:2015:125
Date: 2015-02-26
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary — Judgment of the Court (Eighth Chamber), 26 February 2015 Approximation of laws — Combating late payments in commercial transactions — Directive 2000/35 — Option for Member States to exclude from the scope of that directive contracts concluded before 8 August 2002 — National legislation capable of modifying, to the detriment of a creditor of the State, the interest on a debt arising out of the performance of a contract concluded before that date — Modifications made during the period prescribed for transposition of Directive 2011/7 — Lawfulness (Art. 288, third para., TFEU; European Parliament and Council Directives 2000/35, Arts 3(3) and 6, and 2011/17, Arts 7 and 12) The third paragraph of Article 288 TFEU and Articles 3(3) and 6 of Directive 2000/35 on combating late payment in commercial transactions and Articles 7 and 12 of Directive 2011/7 on combating late payment in commercial transactions must be interpreted as not precluding a Member State which has made use of the option under Article 6(3)(b) of Directive 2000/35 from adopting, during the period prescribed for transposition of Directive 2011/7, legislative provisions which are capable of modifying, to the detriment of a creditor of the State, the interest on a debt arising out of the performance of a contract concluded before 8 August 2002. (see para. 35, operative part)