9 Amendments of Anna Maria CORAZZA BILDT related to 2009/0054(COD)
Amendment 23 #
Proposal for a directive
Recital 12
Recital 12
(12) Late payment constitutes a breach of contract which has been made financially attractive to debtors in most Member States by low or no interest rates charged on late payments and/or slow procedures for redress. A decisive shift, including making the exclusion of the right to charge interest an unfair contractual clause and providing for a cand has been used unfairly by debtors. Compensation of creditors for the costs incurred, is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment. Special emphasis should be given to SMEs, therefore it is crucial not to propose actions that create red tape or bureaucracy.
Amendment 29 #
Proposal for a directive
Recital 15
Recital 15
(15) A fair compensation of creditors for the recovery costs incurred through late payment is necessary to ensure that the consequences of late payments are such as to discourage late payment. Recovery costs should also include the recovery of administrative costs and compensation for internal costs incurred due to late payment for which this Directive should determine the possibility of flat-rate minimum amount which may be cumulated with interest for late payment. Compensation for the recovery costs should be considered without prejudice to national provisions according to which a national judge may award to the creditor any additional damage regarding the debtor’s late payment.
Amendment 31 #
Proposal for a directive
Recital 16
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days. However, longer payment schedules, including in the case of staggered payments, should remain possible where this is objectively justified in the light of the particular nature or features of the contract.
Amendment 50 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor, for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this Directive, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself, these may be considered to be factors constituting such an abuse. This Directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor.
Amendment 114 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 123 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 130 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Unless the debtor is not responsible for the delay, the creditor shall, in addition to the amounts set out in paragraph 1, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment.
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment overduly and objectively justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor. Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor. (b) the date of receipt of the invoice is not subject to a lconger periodtractual agreement between debtor and creditor.
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5