Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Santa Cruz de Tenerife (Spain) lodged on 8 June 2016 — Dragados, S.A. v Cabildo Insular de Tenerife

(Case C-324/16)

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo No 1 — Santa Cruz de Tenerife

Parties to the main proceedings

Applicant: Dragados, S.A.

Defendant: Cabildo Insular de Tenerife

Questions referred

Regard being had to Articles 4(1), 6 and 7(2) and (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: ¹

Must Article 7(2) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to interest for late payment?

Must Article 7(3) of the directive be interpreted as meaning that a Member State may not make recovery of the principal debt conditional on the waiver of the right to compensation for recovery costs?

Should the answer to those two questions be in the affirmative,

Where the debtor is a contracting authority, can it rely on the freedom of contract of the parties in order to avoid its obligation to pay interest for late payment and compensation for recovery costs?

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¹ OJ 2011 L 48, p. 1.