Cap. 13 ст. 26DInterest in the case of late payment in transactions between undertakings and public authorities.

(1) In the case of transactions between undertakings as creditor and public authorities as debtor, the creditor shall be entitled, without the need of a reminder, to legal interest for late payment to the extent that it:

(a) has fulfilled its contractual and legal obligations; and

(b) has not received the amount due on time, unless the debtor is not responsible for the delay.

(2) The creditor may proceed with the claim for late payment against the debtor without reminding the debtor that the amount is due.

(3) On fulfilment of the conditions under sub-article (1), the creditor shall be entitled to interest for late payment upon the expiry of either of the following time limits:

(a) thirty calendar days following the date of receipt by the debtor of the invoice;

(b) thirty calendar days after the date of receipt of the goods or services, when the date of the receipt of the invoice is uncertain;

(c) thirty calendar days after the date of the receipt of the goods or services, when the debtor receives the invoice earlier than the goods or services;

(d) thirty calendar days after the date when according to law or in the contract the product has to be ascertained or verified as being in conformity with the contract, and the debtor receives the invoice earlier or on the date on which such acceptance or verification takes place: Provided that:

(i) the duration of the procedure relating to acceptance or verification referred to in paragraph (d) shall not exceed thirty calendar days from the date of receipt of the goods or services unless the parties have expressly agreed otherwise in the contract and in all documents relating to the tender document, and provided that it is not grossly unfair to the creditor within the meaning of article 26G;

(ii) unless expressly agreed to between the creditor and debtor in a contract, the period for payment fixed in the contract may not exceed the limits under paragraph

(a) to (d), and when such agreement is reached, provided this is objectively justified in the light of the particular nature of the features of the contract, the period for payment fixed in the contract may not exceed sixty calendar days;

(iii) the time period mentioned under paragraphs (a) to (d) shall be extended to a maximum of sixty calendar days for: 1. any public authority which carries out economic activities of an industrial or commercial nature by offering goods or services on the market and which is subject as a public undertaking to the transparency requirements laid down in Commission Directive 2006/111/EC; 2. public entities providing health care which are duly recognized for that purpose.

(4) An agreement between the creditor and debtor extending the date of receipt of the invoice is null and void.

(5) The applicable reference rate for:

(a) the first semester of the year concerned shall be the rate in force on 1 January of that year;

(b) the second semester of the year concerned shall be the rate in force on 1 July of that year.