2 Amendments of Pablo ZALBA BIDEGAIN related to 2009/0054(COD)
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor, as a minimum, any of the following amounts:
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall provide that a clause in a contract relating towhich is contrary to the provisions of this Directive concerning the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b). For the purpose of the first subparagraph, a clause which excludes interest for late payment shall always be considered as grossly unfairbe considered grossly unfair to the creditor and may give rise to a claim for damages. Where a clause is determined to be grossly unfair, it shall be considered invalid in law, and the legal provisions in force shall apply and be considered enforceable except where the national courts determine other conditions to be considered as fair. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. The following types of clause shall in all circumstances be considered to be grossly unfair: (a) those which exclude interest for late payment or set a rate lower than that laid down in Article 2(5); (b) those which establish payment periods exceeding those laid down in Article 3(2)(b) without specifying an objective necessity; (c) those which establish payment periods exceeding those laid down in Article 5(2)(b) without reference to force majeure; (d) those which exclude compensation for recovery costs as specified in Article 4; (e) those which exclude application of Article 5(5); (f) those which exclude the creditor’s right to rescind the contract in case of late payment; (g) those which exclude, for rental agreements, the right of creditors to recover material belonging to them and used for the provision of the service concerned in case of late payment.