CELEX: 62014CA0555
Language: en
Date: 2017-02-16 00:00:00
Title: Case C-555/14: Judgment of the Court (Fifth Chamber) of 16 February 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 6 de Murcia — Spain) — IOS Finance EFC SA v Servicio Murciano de Salud (Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2011/7/EU — Commercial transactions between private undertakings and public authorities — National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs)

10.4.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/2
            
         Judgment of the Court (Fifth Chamber) of 16 February 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 6 de Murcia — Spain) — IOS Finance EFC SA v Servicio Murciano de Salud
   (Case C-555/14) (1)
   
   ((Reference for a preliminary ruling - Combating late payment in commercial transactions - Directive 2011/7/EU - Commercial transactions between private undertakings and public authorities - National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs))
   (2017/C 112/02)
   Language of the case: Spanish
   
      Referring court
   
   Juzgado de lo Contencioso-Administrativo No 6 de Murcia
   
      Parties to the main proceedings
   
   
      Applicant: IOS Finance EFC SA
   
      Defendant: Servicio Murciano de Salud
   
      Operative part of the judgment
   
   Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, and Article 7(2) and (3) thereof in particular, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows a creditor to waive his right to interest for late payment and compensation for recovery costs in exchange for immediate payment of the principal amount of debts owed, on condition that such a waiver is freely agreed to, this being a matter for the referring court to verify.
   
      (1)  OJ C 56, 16.2.2015.