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16.2.2015 |
EN |
Official Journal of the European Union |
C 56/10 |
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 6 de Murcia (Spain) lodged on 3 December 2014 — IOS Finance EFC SA v Servicio Murciano de Salud
(Case C-555/14)
(2015/C 056/12)
Language of the case: Spanish
Referring court
Juzgado Contencioso-Administrativo No 6 de Murcia
Parties to the main proceedings
Applicant: IOS Finance EFC SA
Defendant: Servicio Murciano de Salud
Questions referred
‘‘Regard being had to Articles 4(1), 6 and 7(2) and (3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 (1) on combating late payment in commercial transactions:
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1) |
Must Article 7(2) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to interest for late payment? |
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2) |
Must Article 7(3) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to compensation for recovery costs? |
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3) |
Should the answer to those two questions be in the affirmative, where the debtor is a contracting authority, can it rely on the freedom of contract of the parties in order to avoid its obligation to pay interest for late payment and compensation for recovery costs?’ |