1.

Must Article 6(3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (2) be understood as meaning that the reasonable compensation for recovery costs provided for therein may always include costs associated with instructing a legal professional at the pre-litigation or litigation stage, even where national law provides for a separate procedure for the creditor to claim reimbursement from the debtor for costs incurred in connection with instructing a legal professional – a legal counsel [(radca prawny)] or lawyer [(adwokat)] – in proceedings before judicial authorities?

If the question in point 1 is answered in the affirmative:

2.

Should the phrase ‘reasonable compensation’ be understood to refer only to the market cost of instructing a legal professional in the territory where the creditor has its registered office, or should the reasonableness of the possible expense of instructing a legal professional relative to the amount of the claim pursued also be taken into account, so that the cost of instructing a legal professional does not exceed that amount?