CELEX: C2005/229/20
Language: en
Date: 2005-09-17 00:00:00
Title: Case C-302/05: Action brought on 28 July 2005 by the Commission of the European Communities against Italian Republic

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/10
            
         Action brought on 28 July 2005 by the Commission of the European Communities against Italian Republic
   (Case C-302/05)
   (2005/C 229/20)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 28 July 2005 by the Commission of the European Communities, represented by B. Schima and D. Recchia, of its Legal Service.
   The applicant claims that the Court should:
   
               1.
            
            
               Find that, by providing that the retention of title clause must be confirmed on individual invoices for successive supplies bearing a date certain prior to the attachment and duly entered in accounting records in order to be enforceable against creditors of the purchaser, the Italian Republic has failed to fulfil its obligations under Article 4(1) of Directive 2000/35/EC (1) of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions;
            
         
               2.
            
            
               Order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments
   Article 4(1) of Directive 2000/35/EC provides that, to ensure retention of title to goods until they are fully paid for, the buyer and the seller must make an agreement to that effect before the delivery of the goods.
   Article 11(3) of Legislative Decree No 231/2002 (the measure implementing Directive 2000/35/EC in Italian law) provides that the retention of title clause will be enforceable against creditors of the purchaser only if that clause is confirmed on individual invoices for successive supplies bearing a date certain prior to the attachment and duly entered in the accounting records.
   Enforceability against creditors of the purchaser constitutes an essential element of the agreement for retention of title. The conditions laid down by Article 11(3) of Decree No 231/2002 create a series of additional obligations for the vendor over and above those provided for by Article 4(1) of Directive 2000/35/EC. The Commission therefore considers that those conditions are contrary to Article 4(1) of Directive 2000/35/EC.
   
      (1)  OJ L 200 of 8.8.2000, p. 35.