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Directive 2011/7/EU of the European Parliament and of the CouncilShow full title

Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (recast) (Text with EEA relevance)

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Changes over time for: Article 3

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Article 3U.K.+E.U.Transactions between undertakings

1.Member States shall ensure that, in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder, where the following conditions are satisfied:

(a)

the creditor has fulfilled its contractual and legal obligations; and

(b)

the creditor has not received the amount due on time, unless the debtor is not responsible for the delay.

2.Member States shall ensure that the applicable reference rate:

(a)

for the first semester of the year concerned shall be the rate in force on 1 January of that year;

(b)

for the second semester of the year concerned shall be the rate in force on 1 July of that year.

3.Where the conditions set out in paragraph 1 are satisfied, Member States shall ensure the following:

(a)

that the creditor is entitled to interest for late payment from the day following the date or the end of the period for payment fixed in the contract;

(b)

where the date or period for payment is not fixed in the contract, that the creditor is entitled to interest for late payment upon the expiry of any of the following time limits:

(i)

30 calendar days following the date of receipt by the debtor of the invoice or an equivalent request for payment;

(ii)

where the date of the receipt of the invoice or the equivalent request for payment is uncertain, 30 calendar days after the date of receipt of the goods or services;

(iii)

where the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 calendar days after the date of the receipt of the goods or services;

(iv)

where a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30 calendar days after that date.

4.Where a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for, Member States shall ensure that the maximum duration of that procedure does not exceed 30 calendar days from the date of receipt of the goods or services, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 7.

5.Member States shall ensure that the period for payment fixed in the contract does not exceed 60 calendar days, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 7.

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