Preliminary communication
Recovery Procedures for Unchallenged Claims According to Directive 2011/7/EU on Combating Late Payment in Commercial Transactions
Ivan Tot
; Ekonomski fakultet Sveučilišta u Zagrebu
Abstract
The provisions of the Directive 2011/7/EU on combating late payment in commercial contracts governing the recovery procedures for unchallenged claims are analyzed in this paper in comparison with the solutions contained in the relevant sources of European civil procedure law. Since they are necessary for the understanding of the provisions of Directive 2011/7/EU, the interpretations of the earlier Directive 2000/35/EC given by the European Court of Justice are critically described in the paper. In addition to determining the meaning of the provisions of Directive 2011/7/EU, the aim of this paper is to examine whether these provisions provide adequate protection to creditors of monetary obligations in commercial transactions. It is concluded that certain other sources of European civil procedure law contribute more to the protection of creditors than the provisions of Directive 2011/7/EU and that in order to achieve a higher degree of creditor protection from the negative effects of late payment, the focus of the discussions should be directed to the harmonization of rules enforcement procedure.
Keywords
recovery procedures for unchallenged claims; enforceable title; Directive 2011/7/EU; Directive 2000/35/EC
Hrčak ID:
131275
URI
Publication date:
22.12.2014.
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