CASE COMMENT: RESTRICTIVES PRACTICES - TERMS OF PAYMENT

Penalties for delays of payment: The Court of Cassation rules that penalties for late payment set out in Art. L.441-6 of the Code of commerce are owed even if they are not provided for in the contract between the parties (Eurovia c/FIT)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of the Court of Cassation's chamber of 3 March 2009 is interesting in several respects. Firstly, and this is the most obvious contribution of the ruling, it puts an end to the debate on the contractual or legal nature of the late payment penalties provided for in Article L. 441-6 of the French Commercial Code. Secondly, and more surprisingly, the Court of Cassation states that the provisions of the NRE Act of 15 May 2001 relating to payment penalties respond to "particularly compelling public policy considerations" and that, consequently, the new law applies to current contracts, thereby derogating from the principle of non-retroactivity of

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Mireille Dany, Penalties for delays of payment: The Court of Cassation rules that penalties for late payment set out in Art. L.441-6 of the Code of commerce are owed even if they are not provided for in the contract between the parties (Eurovia c/FIT), 3 March 2009, Concurrences N° 2-2009, Art. N° 25957, pp. 131-132

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