Asunto C-199/19: Sentencia del Tribunal de Justicia (Sala Novena) de 9 de julio de 2020 (petición de decisión prejudicial planteada por el Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi — Polonia) — RL sp. z o.o. / J. M. (Procedimiento prejudicial — Lucha contra la morosidad en las operaciones comerciales — Directiva 2011/7/UE — Concepto de «operación comercial» — Prestación de servicios — Artículo 2, punto 1 — Contrato de arrendamiento — Pagos periódicos — Calendario de pago para pagos a plazos — Artículo 5 — Alcance)
Section | Serie C |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
31.8.2020 ES Diario Oficial de la Unión Europea C 287/9
1) El artículo 2, punto 1, de la Directiva 2011/7/UE del Parlamento Europeo y del Consejo, de 16 de febrero de 2011, por la que se establecen medidas de lucha contra la morosidad en las operaciones comerciales, debe interpretarse en el sentido de que un contrato cuya prestación característica consiste en la cesión remunerada del uso temporal de un bien inmueble, como el contrato de arrendamiento de un local profesional, constituye una operación comercial que da lugar a una prestación de servicios, en el sentido de esa disposición, siempre que se efectúe entre empresas o entre empresas y poderes públicos.
2) Cuando un contrato por tiempo determinado o indefinido que estipula un pago periódico a intervalos previamente definidos, como el alquiler mensual relativo a un contrato de arrendamiento de un local...
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