(Decree no. 2012-1115 of 2 October 2012 setting the amount of the fixed charge for collection expenses in the context of commercial transactions pursuant to Article L. 441-6 of the French Commercial Code)

As reported in our newsletter  of May/June 2012, as of January 1 2013 invoices must mention, in addition to the late payment penalty rate, the fixed charge for collection expenses,  due to the creditor in the event of late payment.

This amount has been set at €40 by Decree no. 2012-1115 of  October 2 2012.

It should also be recalled that as of January 1 2013, the invoice mentioned in Article L. 441-3 of the French Commercial Code must indicate, in addition to the penalties applicable the day following the payment due date written on the invoice, "the amount of the fixed charge for collection expenses due  to the creditor in the event of late payment".

Only current contracts for which the payment term starts running after 1 January 2013 will be concerned.