The law n°2016-1691 of 9 December 2016 on the transparency, the fight against corruption and modernization of the economic life, the so-called “Sapin law II” has come to strengthen sanctions applicable to the non-respect of payment deadlines of public order. This new device confirms the strong willingness of the legislator to effectively combat late payments in commercial relations between professionals.
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Coaching progressive
Since 2008, the legislature has multiplied the interventions to prevent payment delays, which are detrimental to cash flow and the competitiveness of enterprises. In this sense, three major reforms have been adopted :
The law n°2008-776 of 4 August 2008 on modernisation of the economy has introduced a cap payment delays of 60 days from the date of the invoice or 45 days end of month ;
The law n°2014-344 of 17 march 2014 related to consumption came to substitute for the sanctions of traditional overrun of the time limits for payment of administrative sanctions, and has endowed the agents of the DGCCRF extensive supervisory powers ;
The law n°2015-990 of August 6, 2015 for the growth, activity and equal economic opportunities, for its part, has built the 60-day period to the rank of a principle and a fact of the period of 45 days from the end of the month a period of derogation, provided that the latter is reflected in the contract and does not constitute an evident discrimination against the creditor. The law also establishes specific time limits to certain types of products.
Adoption of the Sapin law II : a system focused on penalties
The law newly adopted door of 375.000 euros to 2 million euros the ceiling of the administrative fines that can be imposed against a legal person. The fine may be doubled in case of repetition of the breach within a period of 2 years from the date on which the first sanction became final. Concerning the natural persons, the amount of € 75,000 is unchanged (Article L. 441-6-V paragraph 1 C.com).
In addition, while the publication of administrative sanctions was voluntary, it is now systematic. According to the policy of the so-called “name and shame” and according to the circumstances in question, the publication can intervene on all media and particularly the website of the DGCCRF, the company sanctioned or agencies of the press (Article L. 465-2-V C.com).
Finally, the act repeals the rule according to which the amount of convictions is limited to the legal maximum, the most high, and provides that multiple fines may be imposed cumulatively against the same enterprise for breaches in competition (Article L. 465-II-VII C.com).
The increased controls and fines calls for the vigilance of professionals
The Minister of the economy was due to control of payment deadlines one of the priority tasks of the DGCCRF.
According to the report of the Observatory of the payment deadlines published on march 22, 2017 by the Ministry of economy and finance, the objective is to achieve 2500 controls in 2016 has been exceeded, leading to see a level of anomalies, all payment periods are combined, 17%, 3 percentage points less than in 2015. These anomalies have resulted in the launch of 228 procedures, representing approximately 10.9 million euros of fines imposed.
As a result, it is likely that the entry into force of the new sanctions will have a real deterrent effect, both from the point of view of monetary as a result of their advertising automatic.
Companies must now be more vigilant and careful to adhere scrupulously to the regulations.
Josephine REY
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