EU – Recent case law of the Court of Justice of the European Union on late payment in commercial transactions.

What can Belgium expect?

This newsletter addresses the most recent case law of the Court of Justice of the European Union (“CJEU”) concerning late payment in commercial transactions and its implications for Belgium. The ongoing review of Directive 2011/7 on combating late payment in commercial transactions (“Late Payment Directive” or “Directive”) as well as the decisions of the CJEU against Portugal (C-487/23) and Spain (C-585/20), highlight the urgent need for stricter application of the Directive by Member States.

In view of the recent infringement proceedings initiated by the European Commission against Belgium, the potential ramifications for Belgian law and practice are becoming increasingly significant.

We can indeed deduce from these two cases that:

• Belgium could be held liable for failing to implement the Late Payment Directive effectively because (some of) its public authorities systematically pay their debtors outside the payment periods provided for in the Late Payment Directive; and

For further information please contact:

Céline Gonzalez Chimeno, Linklaters

[email protected]