Case C‑104/14

Ministero delle Politiche agricole, alimentari e forestali

v

Federazione Italiana Consorzi Agrari Soc. coop. arl — Federconsorzi

and

Liquidazione giudiziale dei beni ceduti ai creditori della Federazione Italiana Consorzi Agrari Soc. coop. arl — Federconsorzi

(Request for preliminary ruling from the Corte suprema di cassazione)

‛Reference for a preliminary ruling — Third paragraph of Article 288 TFEU — Combating late payments in commercial transactions — Directive 2000/35/EC — Articles 2, 3 and 6 — Directive 2011/7/EU — Articles 2, 7 and 12 — Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives’

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)

Case C‑104/14

Ministero delle Politiche agricole, alimentari e forestali

v

Federazione Italiana Consorzi Agrari Soc. coop. arl — Federconsorzi

and

Liquidazione giudiziale dei beni ceduti ai creditori della Federazione Italiana Consorzi Agrari Soc. coop. arl — Federconsorzi

(Request for preliminary ruling from the Corte suprema di cassazione)

‛Reference for a preliminary ruling — Third paragraph of Article 288 TFEU — Combating late payments in commercial transactions — Directive 2000/35/EC — Articles 2, 3 and 6 — Directive 2011/7/EU — Articles 2, 7 and 12 — Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives’

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)