CELEX: C2006/326/32
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-302/05: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/35/EC — Article 4(1) — Retention of title — Enforceability)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/16
            
         Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic
   (Case C-302/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2000/35/EC - Article 4(1) - Retention of title - Enforceability)
   (2006/C 326/32)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: B. Schima and D. Recchia, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and M. Massella Ducci Teri, avocat)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 4(1) of Directive 2000/35/EEC 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) — Retention of title — National legislation providing that, in order to be enforceable against creditors of the purchaser, a retention of title clause must be confirmed on individual invoices for successive supplies bearing a date that is prior to any attachment procedure
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 229, 17.09.2005.