CELEX: 62019CA0199
Language: en
Date: 2020-07-09 00:00:00
Title: Case C-199/19: Judgment of the Court (Ninth Chamber) of 9 July 2020 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi — Poland) — RL sp. z o.o. v J.M. (Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2011/7/EU — Concept of ‘commercial transaction’ — Provision of services — Article 2(1) — Lease or rental agreement — Periodical payments — Payment schedule providing for instalments — Article 5 — Scope)

31.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/9
            
         
      Judgment of the Court (Ninth Chamber) of 9 July 2020 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi — Poland) — RL sp. z o.o. v J.M.
      (Case C-199/19) (1)
      
      (Reference for a preliminary ruling - Combating late payment in commercial transactions - Directive 2011/7/EU - Concept of ‘commercial transaction’ - Provision of services - Article 2(1) - Lease or rental agreement - Periodical payments - Payment schedule providing for instalments - Article 5 - Scope)
      (2020/C 287/12)
      Language of the case: Polish
      
         Referring court
      
      Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
      
         Parties to the main proceedings
      
      
         Applicant: RL sp. z o.o.
      
         Defendant: J.M.
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 2(1) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions must be interpreted as meaning that a contract under which the main obligation is the provision, for payment, of a property for temporary use, such as lease or rental agreement for business premises, is a commercial transaction leading to a provision of services, within the meaning of that provision, provided that that transaction is between undertakings or between undertakings and public authorities;
               
            
                  2.
               
               
                  Since a fixed-term or indefinite contract providing for periodic payments at pre-determined intervals, such as the monthly rent relating to a lease or rental agreement for business premises, falls within the material scope of Directive 2011/7 as a commercial transaction leading to the provision of services for remuneration, within the meaning of Article 2(1) of that directive, Article 5 of that directive must be interpreted as meaning that in order for such a contract to give rise, in the event of payment which is not regulated by a payment schedule, to the rights to interest and compensation provided for in Article 3 and Article 6 of that directive, it must not necessarily be considered to be an agreement on a payment schedule providing for instalments, within the meaning of Article 5 of that directive.
               
            
         (1)  OJ C 164, 13.5.2019.