Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 28 February 2024 – STM Srl v Ministero della Giustizia
(Case C-156/24, STM)
Language of the case: Italian
Referring court
Corte suprema di cassazione
Parties to the main proceedings
Appellant in cassation: STM Srl
Respondent in cassation: Ministero della Giustizia
Questions referred
Should the principle of sincere cooperation referred to in Article 4(3) TEU, the fundamental right to an effective remedy before a tribunal enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, and Directive 2011/7/EU 1 – in particular, Article 2(1) and (2) thereof – be interpreted as precluding a piece of national legislation or a national practice that (i) excludes the classification of services performed for remuneration by charterers at the request of public prosecutors’ offices as ‘commercial transactions’ within the meaning of Directive 2011/7, and (ii) consequently excludes claims made by charterers for services performed for public prosecutors’ offices from the rules governing interest which are laid down by that directive?
Should the principle of sincere cooperation referred to in Article 4(3) TEU, the fundamental right to an effective remedy before a tribunal enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, and Directive 2011/7 – in particular, Article 10(1) thereof – be interpreted as precluding a piece of national legislation or a national practice that does not lay down a fixed time limit for the settlement of fees due to a service provider and/or that also provides that such rights may be enforced only by means of the remedies provided for in decreto del Presidente della Repubblica n. 115/2002 – Testo Unico in materia di spese di giustizia (Presidential Decree No 115/2002 – Consolidated text regarding legal costs) and in particular only by means of the remedy of objecting to the order for taxation of costs?
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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 (recast) (OJ 2011 L 48, p. 1).