Judgment — ECLI:EU:C:2005:147
Date: 2005-03-10
Language of the case: Spanish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: General;Direct effect
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment Approximation of laws – Combating late payment in commercial transactions – Directive 2000/35 – Possibility, in the absence of measures transposing the directive, to rely on the right to claim the recovery costs from an individual – Excluded (European Parliament and Council Directive 2000/35, Art. 3(1)(e)) In a case which relates to a dispute between individuals, where it is not possible on the basis of natural law to include, in the calculation of the costs which an individual who owes a business debt might be ordered to pay, the expenses arising from representation by an abogado or procurador of the creditor in judicial proceedings for the recovery of that debt, Directive 2000/35 on combating late payment in commercial transactions cannot of itself serve as the basis for the inclusion of such expenses, since a directive cannot of itself impose obligations on an individual and cannot be relied on against an individual. (see paras 16-17, operative part)