CELEX: C2005/115/07
Language: en
Date: 2005-05-14 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 March 2005 in Case C-235/03 Reference for a preliminary ruling from the Juzgado de Primera Instancia No 35 Barcelona: QDQ Media SA v Alejandro Omedas Lecha (Directive 2000/35/EC — Definition of recovery costs — Expenses of abogado or procurador in judicial proceedings where use of those legal practitioners is not required — Impossible to include in the costs on the basis of national law — Impossible to rely on the directive against an individual)

14.5.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 115/4
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 10 March 2005
   in Case C-235/03 Reference for a preliminary ruling from the Juzgado de Primera Instancia No 35 Barcelona: QDQ Media SA v Alejandro Omedas Lecha (1)
   
   (Directive 2000/35/EC - Definition of recovery costs - Expenses of abogado or procurador in judicial proceedings where use of those legal practitioners is not required - Impossible to include in the costs on the basis of national law - Impossible to rely on the directive against an individual)
   (2005/C 115/07)
   Language of the case: Spanish
   In Case C-235/03: reference for a preliminary ruling under Article 234 EC from the Juzgado de Primera Instancia No 35 de Barcelona (Spain), made by decision of 5 May 2003, received at the Court on 2 June 2003, in the proceedings between QDQ Media SA and Alejandro Omedas Lecha — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, J.-P. Puissochet (Rapporteur) and S. von Bahr, Judges; J. Kokott, Advocate General, R. Grass, Registrar, gave a judgment on 10 March 2005, the operative part of which is as follows:
   Where it is not possible on the basis of national law to include, in the calculation of the costs which an individual who owes a business debt might be ordered to pay, the expenses arising from representation by an abogado or procurador of the creditor in judicial proceedings for the recovery of that debt, Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions cannot of itself serve as the basis for the inclusion of such expenses.
   
      (1)  OJ C 171 of 19.07.03.