11 Amendments of Pablo ARIAS ECHEVERRÍA related to 2009/0054(COD)
Amendment 69 #
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
(4) “late payment” means failure to pay within the period of payment specified in the contract or, in the absence of such specification, that specified in Article 3(2)(b) or Article 5(2)(b);
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor, as a minimum, any of the following amounts:
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) for a debt of less than EUR 1 000, a fixed sum of EUR 40, plus a maximum of an additional 3% of the total debt to cover any expenditure incurred by the creditor in claiming the debt;
Amendment 111 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70, plus a maximum of an additional 3% of the total debt to cover any expenditure incurred by the creditor in claiming the debt;
Amendment 112 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for a debt of EUR 10 000 or more, a sum equivalent to 13% of the amount for which interest for late payment becomes payable.
Amendment 124 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure thatUnless the debtor is not responsible for the delay, the creditor shall, in addition to the amounts referred toset out in paragraph 1 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment. Member States shall determine a reasonable minimum level of compensation, which shall not be less than 5% of the sum owed. This shall be without prejudice to any claim on the creditor’s part in respect of damage or prejudice suffered by reason of the late payment.
Amendment 129 #
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 toMember States shall ensure that the amounts set outreferred to in paragraphs 1, be entitled to obtain reasonable and 2 shall be payable without the necessity of a reminder and as compensation forom the debtor for all remaining recovery costs incurred through the latter’s late paymentcreditor’s own recovery costs.
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that 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 needan objective need arises, dictated by force majeure, to schedule payment over a longer period.
Amendment 182 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment. public authority is obliged to contract, within five working days, a financial product or service with a view to the immediate 100% payment of the debt. Should the public authority not conclude a contract enabling the debt to be paid to the service provider, it shall be subject to penalties pursuant to the laws in force and the criteria applying in each Member State.
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall provide that a clause in a contract relating towhich is contrary to the provisions of this Directive concerning the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b). For the purpose of the first subparagraph, a clause which excludes interest for late payment shall always be considered as grossly unfairbe considered grossly unfair to the creditor and may give rise to a claim for damages. Where a clause is determined to be grossly unfair, it shall be considered invalid in law, and the legal provisions in force shall apply and be considered enforceable except where the national courts determine other conditions to be considered as fair. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. The following types of clause shall in all circumstances be considered to be grossly unfair: (a) those which exclude interest for late payment or set a rate lower than that laid down in Article 2(5); (b) those which establish payment periods exceeding those laid down in Article 3(2)(b) without specifying an objective necessity; (c) those which establish payment periods exceeding those laid down in Article 5(2)(b) without reference to force majeure; (d) those which exclude compensation for recovery costs as specified in Article 4; (e) those which exclude application of Article 5(5); (f) those which exclude the creditor’s right to rescind the contract in case of late payment; (g) those which exclude, for rental agreements, the right of creditors to recover material belonging to them and used for the provision of the service concerned in case of late payment.
Amendment 204 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The means referred to in paragraph 2 shall include provisions whereby representative organisationenterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair, so that they can apply appropriate and effective means to prevent their continued use, without prejudice to the provisions of paragraph 1(2).