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Directive 2000/35/EC- Late payment - Spain is late...(legislation)
Thread poster: Anjo Sterringa

Anjo Sterringa  Identity Verified
Spain
Local time: 01:12
Member (2003)
English to Dutch
+ ...
Jun 29, 2004

Overdue legislation in Spain finally presented to the Parliament for the implementation of Directive 2000/35/EC "Combating Late Payment in Commercial Transactions".
On this website http://europa.eu.int/comm/enterprise/regulation/late_payments/implementation.htm
you will find which countries have already adapted their legislation and where to find it. More info: http://europa.eu.int/comm/enterprise/regulation/late_payments/index.htm

Very important for freelancers!

The Spanish government has finally presented the concept law to the Parliament - it may take a while before it is approved, although legislation should have been implemented by August 2002. Talking about "late"......
"morosidad en operaciones comerciales", aprobado por el Consejo de Ministros el pasado 18 de junio y remitido al Parlamento para su discusión - El País, 27 de junio 2004.

The average payment delay in Spain is 68 days, although in some industries the averages are significantly higher. The standard payment term will be 30 days ('unless agreed otherwise'):
From the explanation of the Directive " (The creditor) will benefit from a statutory right to interest 30 days after the date of the invoice, unless another payment period has been negotiated in the contract. However, any agreement on the payment period is not enforceable if it is grossly unfair to the creditor. No reminder will be necessary in order to collect interest on arrears since late payment constitutes in itself a breach of contract that should be automatically sanctioned.
The Directive provides for a penalty interest of 7 percentage points above the ECB rate"
For Spain this means an increase of the current 4,25% -> 9,7% according to el País. (but this wil change as the ECB changes).


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Parrot  Identity Verified
Spain
Local time: 01:12
Member (2002)
Spanish to English
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Go tell that to a government client Jun 29, 2004



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xxxPaul Roige
Spain
Local time: 01:12
English to Spanish
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:-) :-) :-) :-) Jun 29, 2004

Parrot wrote:
Go tell that to a government client




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Edward Potter  Identity Verified
Spain
Local time: 01:12
Member (2003)
Spanish to English
+ ...
I'm smiling Jun 30, 2004

Great comment, Parrot.

Words words words. You can say and write when people should pay until you are blue in the face. Who knows, maybe enough ranting will change things a little bit.


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Parrot  Identity Verified
Spain
Local time: 01:12
Member (2002)
Spanish to English
+ ...
Honestly Jun 30, 2004

I'm sure they'll do it. They'll push through. They'll even have it enforced. On others.

How far they're willing to observe it themselves is another matter. I'm still treated as a public contractor (3-6 months from invoice), despite the fact that I don't deliver heavy engineering. And that's supposed to be enshrined in some "Pliego de prescripciones".

Oh well


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Anjo Sterringa  Identity Verified
Spain
Local time: 01:12
Member (2003)
English to Dutch
+ ...
TOPIC STARTER
Read the small print Jun 30, 2004

the directive is not meant for governments. It says.... between traders .......... The government is of course above, below, beside and outside the law. Don't start me off on Spanish bureaucracy

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xxxPaul Roige
Spain
Local time: 01:12
English to Spanish
+ ...
Debt is power Jun 30, 2004

anjoboira wrote:

the directive is not meant for governments. It says.... between traders .......... The government is of course above, below, beside and outside the law. Don't start me off on Spanish bureaucracy


... unless it's the tiny wee chiquito/a who owes. I was fined once for paying "autónomos" 1 week late, and I had, er, "good" excuse but would they care? Now that's efficient bureaucracy awright. It does work when it has to, nice and tidy...
But then, hey, it could be worse, imagine how it was under Monsieur Le Roi Soleil... Say, just merge "Vatel" and "Quills" to get the shivers up your translator's spine.
P


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