BadCop › Late fees by jurisdiction › The eu

Late payment interest on invoices in the EU (Directive 2011/7/EU)

Across the EU, Directive 2011/7/EU gives businesses a statutory right to interest on late commercial payments at the ECB reference rate plus at least 8 percentage points, plus a fixed €40 minimum for recovery costs, on top of whatever your contract says.

The rules

Statutory interest: the European Central Bank reference rate plus at least 8 percentage points. For the second half of 2026 that works out to 10.40% a year (reference rate 2.40% plus 8). Member states transpose the directive, so check your national implementation for the exact rate and any higher national margin.
Fixed compensation: a minimum of €40 per late invoice for recovery costs, without needing to prove costs; reasonable costs above that can also be claimed.
Default payment terms: 30 days unless otherwise agreed; B2B terms beyond 60 days must not be grossly unfair to the creditor; public authorities generally must pay within 30 days.
A 2023 Commission proposal to replace the directive with a stricter regulation (30-day cap, non-waivable interest) stalled in the Council; as of 2026 the 2011 directive still applies.
Consumers are not covered; this is business-to-business and business-to-public-authority.

Configuring it in BadCop

Set late_fee_pct to roughly the annual statutory rate divided by 12 (10.40% a year ≈ 0.87 per month in H2 2026) and late_fee_flat = 40. Cite "statutory interest under Directive 2011/7/EU as implemented in [your country]" in the final notice.

Work the numbers with the late-fee calculator, and see the final-notice template that applies the fee.

Sources

General information, not legal advice. Verified against the sources above in September 2026; rates and rules change. If money is at stake, ask a lawyer or accountant in your jurisdiction.