Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 1 July 2021 – A Oy v B Ky and joint heirs of C

(Case C-406/21)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Appellant: A Oy

Respondents: B Ky and joint heirs of C

Questions referred

Is Article 12(4) of Directive 2011/7 ¹ to be interpreted as meaning that Member States may exclude from the scope of that directive a contractual practice relating to penalties for late payment which the parties engaged in on a consistent basis in respect of individual orders prior to 16 March 2013, even if the individual orders in respect of which the enforcement of penalties for late payment is sought were placed after that date?

If the first question is answered in the negative, is Article 7(2) and (3) of Directive 2011/7 to be interpreted as meaning that the contractual practice described in Question 1 is to be regarded as a contractual term or practice which excludes interest for late payment or compensation for recovery costs within the meaning of those provisions?

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¹ Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ 2011 L 48, p. 1).