Opinion of the Advocate General — ECLI:EU:C:2008:417
Date: 2008-07-17
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Spain

Summary of the Judgment Approximation of laws – Combating late payments in commercial transactions – Directive 2000/35 (European Parliament and Council Directive 2000/35, Art. 3(2)) Article 3(2) of Directive 2000/35 on combating late payment in commercial transactions governs the possibility afforded to Member States of fixing, in certain limited cases and under certain conditions, a statutory period exceeding the 30-day period applicable in the absence of a contractual clause on the date or the period of payment. In other words, only where the parties are silent on the matter does the situation fall within the scope of Article 3(2) of that directive. National legislation, which specifically requires, if the payment period is to be extended to a maximum of 90 days, the making of an ‘express agreement’ to that effect cannot therefore be regarded as subject to the conditions laid down by that provision. (see paras 19, 22-25)