Request for a preliminary ruling from the Vrchní soud v Praze (Czech Republic) lodged on 7 February 2022 – ALD Automotive s.r.o. v DY, insolvency administrator of the debtor GEDEM-STAV a.s.
(Case C-78/22)
Language of the case: Czech
Referring court
Vrchní soud v Praze
Parties to the main proceedings
Applicant: ALD Automotive s.r.o.
Defendant: DY, insolvency administrator of the debtor GEDEM-STAV a.s.
Questions referred
On the basis of what criteria does the entitlement to obtain the fixed sum of at least EUR 40 arise pursuant to Article 6(1) of Directive 2011/7/EU 1 of the European Parliament and of the Council in the case of agreements with recurring or ongoing performance?
Can the claim pursuant to Article 6(1) of the Directive be refused by Member State courts on the grounds of the application of general private-law principles?
If the response to the second question is in the affirmative, subject to what conditions can Member State courts refuse to award the amount of the claim under Article 6(1) of the Directive?
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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).