Producers/Distributors: The Government and the Commission for the study of commercial practices establish a new framework for penalties for late payment (CEPC Opinion, new Art. L. 442-6-I-8° C. com)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECCP, Recommendation No. 05-01 of 21 March 2005 on payment periods and their application. – Glais Report, 1 February 2005, Study on payment periods for the CEPC – Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises Late penalties are being misused, a point on which the CEPC and the legislator agree. However, the method proposed to combat this phenomenon differs. Two dysfunctions have drawn their attention in particular: on the one hand, suppliers do not make sufficient use of late payment penalties to ensure compliance with payment deadlines (1°), on the other hand, distributors seem to make too systematic use of these