Home » Supreme Court of Cassation | Civil jurisprudence detail

Supreme Court of Cassation | Civil jurisprudence detail

by admin

President: RM Di Virgilio

Speaker: M. Bertuzzi

The Second Civil Section requested, pursuant to art. 267 of the Treaty on the Functioning of the European Union, the Court of Justice of the Union to rule, by preliminary ruling and with an accelerated procedure, on the following questions of interpretation of Union law:

1) If Directive 2000/35/EC, as amended by Directive 2011/7/EU and, in particular, its articles. 1, 2, n. 1 and no. 2 and 4, paragraph 3, must be interpreted as precluding national legislation or practice which:
(a) excludes the qualification of commercial transactions, pursuant to the Directive, for the provision of services carried out in return for the renters of the equipment used for wiretapping at the request of the Prosecutor’s Office, subjecting them to the substantive and procedural regime of extraordinary judicial costs;
(b) excludes, as a result, from the regulation of interests provided for by the Directive the aforementioned services between charterers and Powers of Attorney;

2) If Directive 2000/35/EC, as amended by Directive 2011/7/EU and, in particular, its art. 10, paragraph 1, must be interpreted as precluding national legislation or practice which provides for an indefinite deadline (“without delay”) for the settlement of the fees due to a service provider, with the consequent possibility that such creditor rights are not enforced in ways that are actually feasible and in a fully satisfactory manner.

See also  Teenage Mother Arrested for Feeding Baby Fentanyl-Laced Milk, Causing Tragic Death

You may also like

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More

Privacy & Cookies Policy