Judgment of the Court (First Chamber) of 11 September 2008 (reference for a preliminary ruling from the Tribunale civile di Roma — Italy) — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C

(Case C-265/07) (1)

(Commercial transactions - Directive 2000/35/EC - Combating of late payment - Procedures for recovery of unchallenged claims)

(2008/C 285/14)

Language of the case: Italian

Referring court

Tribunale civile di Roma

Parties to the main proceedings

Applicant: Caffaro Srl

Defendant: Azienda Unità Sanitaria Locale RM/C

In the presence of: Banca di Roma SpA

Re:

Reference for a preliminary ruling — Tribunale civile di Roma — Interpretation of Article 5 of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35) — Recovery procedures for uncontested debts — National legislation laying down that a period of 120 days from the date of notification of the recovery order must elapse before recovery of the debt may be enforced

Operative part of the judgment

Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions is to be interpreted as not precluding a national provision such as Article 14 of Decree-Law No 669/1996 of 31 December 1996, converted into a law, after amendment, by Law No 30 of 28 February 1997, as amended by Article 147 of Law No 388 of 23 December 2000, pursuant to which a creditor in possession of an enforceable title in respect of an unchallenged claim against a public authority as remuneration for a commercial transaction cannot proceed to forced execution against the public authority before a period of 120 days has elapsed since service of the enforceable title on the authority.

(1)  OJ C 199, 25.8.2007.