|
19.8.2019 |
EN |
Official Journal of the European Union |
C 280/10 |
Order of the Court (Tenth Chamber) of 11 April 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Vanessa Gambietz v Erika Ziegler
(Case C-131/18) (1)
(Reference for a preliminary ruling - Law on undertakings - Combating late payment in commercial transactions - Directive 2011/7/EU - Article 6 - Compensation for recovery costs - Payment of a fixed sum and of reasonable compensation - Deduction of fixed sum from the costs of instructing a lawyer prior to bringing proceedings before a court)
(2019/C 280/12)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Vanessa Gambietz
Defendant: Erika Ziegler
Operative part of the order
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 must be interpreted to mean that the fixed sum of EUR 40, to which the creditor is entitled pursuant to Article 6(1) of that directive, must be deducted from the reasonable compensation provided for in Article 6(3) thereof.