If the contracting authority has recourse to a service provider whose intervention is a condition for the payment of the sums due, the intervention of the latter does not modify the payment deadline imposed on the contracting authority.
Where an advance payment is made, the period for payment of the advance shall run from:1° The date of notification of the concession contract;2° Where the concession contract so provides, the date of notification of the act by which performance of the services corresponding to the advance payment commences.In other cases, the period for payment shall run from the date on which the conditions laid down in the concession contract…
Where the provision of a first demand guarantee or a personal and joint surety is required, the time limit for payment of the advance may not run before receipt of this guarantee or surety.
In the event of payment of a termination indemnity, the period for payment of this indemnity runs from the date on which the amount of the indemnity is determined, once the decision to terminate the contract has been notified.
If the request for payment does not include all the documents and information required by law or by the concession contract, or if these are incorrect or inconsistent, the contracting authority may interrupt the payment period once only.For contracting authorities with a public accountant, this interruption may only take place before the expenditure is authorised.
The creditor is notified of any interruption in the payment period referred to in article R. 3133-21 by any means that can be reliably dated. This notification shall specify the reasons attributable to the creditor for opposing payment, as well as the documents to be provided or completed.
Once all the documents and information provided for in article R. 3133-21 have been received, a new payment period is opened. This period is thirty days or equal to the balance remaining on the date of receipt of notification of the interruption if this balance is greater than thirty days.
When the authorising officer and the public accountant do not belong to the same legal entity and have agreed on a conventional payment period under the conditions set out in Article 12 of Decree no. 2013-269 of 29 March 2013 on combating late payment in public procurement contracts, this new period may not be less than fifteen days plus the period allowed for the intervention of the public accountant as…
The rate of default interest referred to in Article L. 3133-13 is equal to the interest rate applied by the European Central Bank to its most recent main refinancing operations, in force on the first day of the half-year of the calendar year during which the default interest began to accrue, increased by eight percentage points.
Interest on arrears runs from the day following the expiry of the payment period or the due date stipulated in the concession contract, up to and including the date on which the principal is paid.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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