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Combating late payment

Briefing 15-02-2024

Presented as part of the 'SME relief package', the initiative aims to tighten the EU's late payment framework and improve its enforcement. It proposes, among other things, to convert the current Late Payment Directive into a regulation, a move that several national parliaments contested. National parliaments also raised subsidiarity and proportionality concerns on several provisions. The impact assessment (IA) adequately justifies the need to revise the late payment framework, and substantiates the ...

EU-India trade relations: assessment and perspectives

Задълбочен анализ 06-09-2021

Following the EU-India summit in May 2021, talks on both an EU-India trade and an investment agreement have resumed. This analysis provides background on where EU-India economic relations stand and why it is important to maintain momentum following this breakthrough, despite a somewhat unpromising domestic political environment in India. This new impetus largely reflects a transformed geopolitical landscape since the last round of EU-India talks were abandoned in 2013. The increased tension between ...

This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), aims to present an updated overview of the state of transposition of Directive 2011/7/EU on late payments in commercial transactions. An analysis of the state of implementation and on the operation in practice of the directive is also provided. It has been drafted following the Internal Market and Consumer Protection (IMCO) Committee's first "scrutiny session" with the European ...

In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence as burdensome for the European internal market. In November 2010 the European Commission commissioned a study supporting its Impact Assessment (IA) preparation on this matter. This report suggests that differences in contract law between Member States (MS) do create a barrier to trade, and ...

This study examines the relationship between the CESL and the Rome I Regulation and will attempt to ascertain to what extent this relationship will encourage cross-border B2C trade, by enabling traders wishing to do business throughout the EU to be subject to the CESL’s mandatory provisions, rather than the national public policy laws of the 27 European Union Member States. This study will then make it possible to determine whether these overriding mandatory provisions of the CESL provide a high ...

All Member States have implemented the Unfair Commercial Practices Directive (UCPD), but not all of the new provisions in the implementation laws have been tested yet. In some Member States court decisions are still rather limited and it is too early for a final evaluation of the UCPD. The technical choices made differ dramatically. The implementation of the UCPD can be found in civil codes, acts against unfair competition, consumer law codes and specific regulations copying out the UCPD. In addition ...