PARLIAMENTARY QUESTION – Late Payments Directive

I have been contacted by a constituent who claims that the UK has failed to implement the Late Payments Directive. He claims that Hyde Housing, a Public Company created by the British Government, deliberately ignored several requests to pay compensation and accumulated interest on the overdue invoices. The late payments caused him significant financial trouble and he informed the courts requesting an expedited process of 90 days. He claims that the courts ignored his requests, eventually forcing him into bankruptcy.

Can the commission confirm:

1. Does the commission monitor the implementation of the Late Payments Directive within specific member states?
2. Does the Commission monitor the effectiveness of the court systems in individual member states?
3. Is the Commission aware of any other similar violations?

E-005465/2016

Answer given by Ms Bieńkowska on behalf of the Commission

(6.9.2016)

The Commission monitors the implementation of the Late Payment Directive in all Member States. In 2015, a study was commissioned to gather further information on the implementation of the Directive in all EU countries and to evaluate the initial impact of the transposing legislation[1]. The Late Payment Directive establishes that Member States shall ensure that, in the event of an unchallenged claim, an enforceable title can be obtained, including through an expedited procedure and irrespective of the amount of the debt, within 90 calendar days.

The Commission looks at the effectiveness of national justice systems, including in the context of the European Semester. It publishes on an annual basis the EU Justice Scoreboard which is an information tool aiming at assisting the EU and Member States to achieve more effective justice by providing objective, reliable and comparable data on the quality, independence and efficiency of justice systems in all Member States.

The Commission is aware of incidences when the transposing laws that regulate late payment in commercial transactions are not properly applied. When a Member State is not correctly applying the Directive, the Commission may take action including, where appropriate, launching infringement procedures.