Ministero della Giustizia

Last update 27 March 2020 by the Ministry of Justice

LATE PAYMENT

National bodies (executive agencies / affiliated bailiffs) which may contribute to the recovery of claims (late payments)

The legislation on late payments is contained in Legislative Decree No 231 of 9 October 2002 implementing Directive 2000/35/EC on combating late payment in commercial transactions.
Commercial transactions are contracts between undertakings or between undertakings and public authorities which entail, exclusively or mainly, the delivery of goods or the provision of services against payment of a price and which also apply in the field of public works.
Default interest (which is higher than the statutory interest) is payable, without the need for formal notice, from the day following the expiry of the time limit for payment.
§No national bodies are set up whose task is to contribute to the recovery of claims.
The recovery of the debt is entrusted to the initiative of the individual creditor.

Relevant legislation

Legislative Decree No 231 of 9 October 2002

Implementation of Directive 2000/35/EC on combating late payment in commercial transactions

Any additional compensation that may be claimed, such as a percentage of the invoice value, administrative costs, debt collection costs, or the instruction of a lawyer.

Article 6 of Legislative Decree No 231 of 9 October 2002 implementing Directive 2000/35/EC on combating late payment in commercial transactions provides that the creditor is entitled, in addition to default interest, to:

• reimbursement of costs incurred in recovering sums not paid in due time
• a lump sum of EUR 40 by way of compensation for damage, subject to proof of the greater damage which may include the costs of assistance for the recovery of the debt.

Relevant legislation

Legislative Decree No 231 of 9 October 2002

Implementation of Directive 2000/35/EC on combating late payment in commercial transactions

• Article 6 Compensation for recovery costs

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