This document is an excerpt from the EUR-Lex website
Document C2006/326/32
Case C-302/05: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/35/EC — Article 4(1) — Retention of title — Enforceability)
Case C-302/05: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/35/EC — Article 4(1) — Retention of title — Enforceability)
Case C-302/05: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/35/EC — Article 4(1) — Retention of title — Enforceability)
IO C 326, 30.12.2006, p. 16–17
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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30.12.2006 |
EN |
Official Journal of the European Union |
C 326/16 |
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:
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1. |
Dismisses the action; |
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2. |
Orders the Commission of the European Communities to pay the costs. |