TRENDS : PAYMENT DEADLINES - LME ACT - IMPLEMENTATION - CONFORMITY - EC DIRECTIVE - 29 JUNE 2000 - EXEMPTIONS - PENALTIES - INTERNATIONAL CONTRACTS - CONTRACTUAL PROVISIONS - PUBLIC AUTHORITIES

Payment deadlines - A year ahead the LME Act

This set of 3 articles concentrate on the issue of terms of payment as provided by the LME Act. The first contribution deals with the conformity of the French regime with regard to the EC Directive of the 29 June 2000. This study tries to shed light on this problem and in particular on the question of the numerous exemptions provided by a growing number of implementing decrees. The second contribution deals with the issue raised by the large number of derogatory statutory agreements which increase the difficulties of implementing the law. Discussions on the scope of agreements and possible penalties for exceeding the maximum term of payment may extend to 2012, the effective date of the law. The third contribution raise the question “Can the French legislation be applied to international contracts?” In co-contracting parties’ relations, it can be excluded by contractual clauses. Nonetheless, such conditions would not prevent public authorities’ actions against suppliers and foreign customers.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. DOES FRENCH LAW STILL COMPLY WITH THE "PAYMENT DELAY" DIRECTIVE? Laurent RO BERVAL Doctoral student at LARJ (Univ. du Littoral-Côte d'Opale) 1. Every time the law on restrictive practices is reformed, the Community argument is invoked as a bulwark against State [1]intervention ism. However, this argument is generally limited [2]in scope. Why would it be otherwise for the law on payment periods under the Economic Modernization Act (EML) [3]? 2. In fact, French law is now confronted with the action of the European Commission, which is tending more and more to want to regulate the field of relations between professionals [4]. It thus limits the

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Anne-Marie Luciani, Laurent Roberval, Jean-Louis Fourgoux, Payment deadlines - A year ahead the LME Act, February 2010, Concurrences N° 1-2010, Art. N° 30044, www.concurrences.com

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