Answer to Written Question: Clarification on the application of EU rules to the debts of public authorities

(Source: European Parliament)



Answer given by Ms McGuinness

on behalf of the European Commission


As regards the first question posed by the Honourable Member, it relates to guidelines adopted by the European Banking Authority (EBA). Since the responsibility to reply to questions concerning the interpretation of those guidelines lies with the EBA, the Commission kindly suggests that the Honourable Member contacts the EBA.

Regarding the second question, Directive 2000/35/EC[1] was repealed and replaced by Directive 2011/7/EU[2] as from 16 March 2013. Therefore, the 2011 Directive applies to contracts concluded after that date, unless the Member States decided otherwise when transposing it[3]. Both Directives state that creditors in commercial transactions shall be entitled to statutory interest for late payments when they have not received the amount due on time, have fulfilled their contractual and legal obligations, and the debtor is not responsible for the delay[4]. While both Directives lay down expedited recovery procedures in cases of unchallenged claims[5], procedures for forced execution of enforceable titles or conditions under which such titles can be stopped or suspended are not regulated in either Directive[6], and are therefore subject to national law.

[1] Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions

[2] Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions

[3] Article 12 (4) Directive 2011/7/EU

[4] Article 4 (1) Directive 2011//EU. Article 3 (1) ( c) Directive 2000/35/EC

[5] Article 10 Directive 2011/7/EU. Article 5 Directive 2000/35/EC

[6] Recital 32 Directive 2011///EU. Recital 15 Directive 2000/35/EC

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