CELEX: 62007CA0265
Language: en
Date: 2008-09-11 00:00:00
Title: Case C-265/07: Judgment of the Court (First Chamber) of 11 September 2008 (reference for a preliminary ruling from the Tribunale civile di Roma — Italy) — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C (Commercial transactions — Directive 2000/35/EC — Combating of late payment — Procedures for recovery of unchallenged claims)

8.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 285/9
            
         Judgment of the Court (First Chamber) of 11 September 2008 (reference for a preliminary ruling from the Tribunale civile di Roma — Italy) — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C
   (Case C-265/07) (1)
   
   (Commercial transactions - Directive 2000/35/EC - Combating of late payment - Procedures for recovery of unchallenged claims)
   (2008/C 285/14)
   Language of the case: Italian
   Referring court
   Tribunale civile di Roma
   Parties to the main proceedings
   
      Applicant: Caffaro Srl
   
      Defendant: Azienda Unità Sanitaria Locale RM/C
   
      In the presence of: Banca di Roma SpA
   Re:
   Reference for a preliminary ruling — Tribunale civile di Roma — Interpretation of Article 5 of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35) — Recovery procedures for uncontested debts — National legislation laying down that a period of 120 days from the date of notification of the recovery order must elapse before recovery of the debt may be enforced
   Operative part of the judgment
   Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions is to be interpreted as not precluding a national provision such as Article 14 of Decree-Law No 669/1996 of 31 December 1996, converted into a law, after amendment, by Law No 30 of 28 February 1997, as amended by Article 147 of Law No 388 of 23 December 2000, pursuant to which a creditor in possession of an enforceable title in respect of an unchallenged claim against a public authority as remuneration for a commercial transaction cannot proceed to forced execution against the public authority before a period of 120 days has elapsed since service of the enforceable title on the authority.
   
      (1)  OJ C 199, 25.8.2007.