RECEIVABLE FOR LATE PAYMENT INTEREST

In commercial relations between the parties, where the debt is not paid at its maturity, the issue of an additional payment for late payment interest may arise. According to Supreme Court's decision, in order for a claim for late payment interest to be enforceable, it must either be expressly agreed upon in the contract between the parties or have become a commercial usage.

The inclusion of a maturity interest claim in an invoice by one of the parties does not, in itself, render such claim legally enforceable. Indeed, in disputes concerning claims for default interest, the Court of Cassation requires the presence of at least one of two conditions. The legal assessment is based on whether the parties have agreed to the payment of maturity interest or whether such interest has previously been paid within the scope of their commercial relationship.

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