12.12.2022
EN
Official Journal of the European Union
C 472/5
must be interpreted as: not precluding national legislation under which a management company that did not fulfil the obligation to keep up to date the prospectus of several undertakings for collective investment in transferable securities, as provided for in Articles 68 to 82 of that Directive, within the period set by that national legislation may be subject to an administrative penalty with regard to each of those undertakings, even though the change that should have been made to those prospectuses concerns a single element — the composition of a body of the management company — provided that the administrative penalty, while being effective and dissuasive, is proportionate.
(1)
OJ C 433, 14.12.2020.
Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 2 de Valladolid — Spain) — BFF Finance Iberia S.A.U v Gerencia Regional de Salud de la Junta de Castilla y León (Case C-585/20) (1) (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Recovery from a public authority of claims assigned by undertakings to a debt collection agency — Compensation for the recovery costs incurred by the creditor in the event of late payment by the debtor — Article 6 — Fixed minimum sum of EUR 40 — Transactions between undertakings and public authorities — Article 4 — Procedure for certification of the conformity of goods or services — Payment period — Article 2(8) — Concept of ‘amount due’ — Taking account of value added tax for the purpose of calculating interest for late payment) (2022/C 472/06) Language of the case: Spanish Referring court Juzgado Contencioso-Administrativo No 2 deValladolid
Parties to the main proceedings Applicant: BFF Finance Iberia S.A.U Defendant: Gerencia Regional de Salud de la Junta de Castilla y León
Operative part of the judgment 1) Article 6 of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions must be interpreted as meaning that the fixed minimum sum of EUR 40, by way of compensation for the creditor for the recovery costs incurred as a result of late payment by the debtor, is payable for each commercial transaction not paid on the due date, evidenced in an invoice, including where that invoice is presented, among other invoices, in a single administrative or judicial claim.
2) Article 4(3) to (6) of Directive 2011/7 must be interpreted as meaning that it precludes national legislation which provides, as a general rule, for all commercial transactions between undertakings and public authorities, for a payment period of a maximum of 60 calendar days, including where that period consists of an initial period of 30 days for a procedure for the acceptance or verification of the conformity, with the contract, of the goods or services supplied, followed by a further period of 30 days for payment of the agreed price.