EC Directive for late payment
Thread poster: Lenah Susianty

Lenah Susianty  Identity Verified
United Kingdom
Local time: 17:00
Member (2004)
English to Indonesian
+ ...
Jan 11, 2006

Has anyone used this EC Directive before? can you share your experience with me? and can we use this EC Directive in the UK? Thank you

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Lawyer-Linguist  Identity Verified
Portugal
Local time: 17:00
Dutch to English
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Just on a question of law..... Jan 11, 2006

Without examining the legal issues in detail, EC Directives are not directly applicable, meaning you and I cannot enforce them directly in the national courts. Each directive gives the Member States a deadline for it to be transposed (implemented) into national law.

So you need to determine from your translation contract/PO:

a)Where jurisdiction lies in your particular case;

b)From that, whether the Member State in question has transposed the directive into national law; (the deadline for this passed in August 2002 if I remember rightly, so it should have been done but some Member States drag their feet and new Member States have periods of grace in which to "catch up").

c)Proceed to examine the prospects of enforcing your rights in terms of THAT national legislation (and not the EC Directive itself).

I'm assuming in your case that the UK Courts hold jurisdiction. The UK HAS transposed the directive.

You thus need to obtain legal advice on whether you have any remedies under the UK's Late Payment of Commercial Debts (Interest) Act 1998 (which was amended in 2002 in order to transpose the EC Directive into UK national law).

Here are the 2002 regulations to the UK Act, transposing the EC Directive into UK Law: http://www.opsi.gov.uk/si/si2002/20021674tm

Good luck
Debs








[Edited at 2006-01-12 08:31]


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Lenah Susianty  Identity Verified
United Kingdom
Local time: 17:00
Member (2004)
English to Indonesian
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Thanks Jan 12, 2006

Your link to UK directive is great! thanks! and thanks also for the explanation...

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EC Directive for late payment

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