Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic

(Case C-302/05) (1)

(Failure of a Member State to fulfil obligations - Directive 2000/35/EC - Article 4(1) - Retention of title - Enforceability)

(2006/C 326/32)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and D. Recchia, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and M. Massella Ducci Teri, avocat)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) of Directive 2000/35/EEC 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) — Retention of title — National legislation providing that, in order to be enforceable against creditors of the purchaser, a retention of title clause must be confirmed on individual invoices for successive supplies bearing a date that is prior to any attachment procedure

Operative part of the judgment

The Court:

(1)  OJ C 229, 17.09.2005.