Case C‑104/14
Ministero delle Politiche agricole, alimentari e forestali
v
Federazione Italiana Consorzi Agrari Soc. coop. arl— Federconsorzi
and
Liquidazione giudiziale dei beni ceduti ai creditori della Federazione Italiana Consorzi Agrari Soc. coop. arl— Federconsorzi
(Request for preliminary ruling from the
Corte suprema di cassazione)
(Reference for a preliminary ruling— Third paragraph of Article288 TFEU— Combating late payments in commercial transactions— Directive 2000/35/EC— Articles2, 3 and 6— Directive 2011/7/EU— Articles2, 7 and 12— Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives)
Summary— Judgment of the Court (Eighth Chamber), 26February 2015
Approximation of laws— Combating late payments in commercial transactions— Directive 2000/35— Option for Member States to exclude from the scope of that directive contracts concluded before 8August 2002— National legislation capable of modifying, to the detriment of a creditor of the State, the interest on a debt arising out of the performance of a contract concluded before that date— Modifications made during the period prescribed for transposition of Directive 2011/7— Lawfulness
(Art.288, third para., TFEU; European Parliament and Council Directives 2000/35, Arts3(3) and 6, and 2011/17, Arts7 and 12)
The third paragraph of Article288 TFEU and Articles3(3) and 6 of Directive 2000/35 on combating late payment in commercial transactions and Articles7 and 12 of Directive 2011/7 on combating late payment in commercial transactions must be interpreted as not precluding a Member State which has made use of the option under Article6(3)(b) of Directive 2000/35 from adopting, during the period prescribed for transposition of Directive 2011/7, legislative provisions which are capable of modifying, to the detriment of a creditor of the State, the interest on a debt arising out of the performance of a contract concluded before 8August 2002.
(see para. 35, operative part)