| Situation | Term | Legal basis |
|---|---|---|
| No agreement | 30 days after receipt/completion | Art. L.441-10 French Commercial Code |
| Agreed by parties | 60 days from invoice date max | Art. L.441-10 |
| End-of-month variant | 45 days end of month | Art. L.441-10 |
| Periodic invoice (recap) | 45 days from invoice date | Art. L.441-11 |
| Road transport | 30 days mandatory | Art. L.441-11 |
| Perishable food products | 20–30 days depending on product | Art. L.441-11 |
Two interpretations not to confuse: ‘60 days from invoice date’ runs from issuance; ‘45 days end of month’ is in practice interpreted as end of the invoice month + 45 days (or 45 days then end of month — both interpretations exist, so specify which one your contract uses!). For an invoice dated 10 March, the difference between interpretations can be up to 3 weeks.
The point buyers ‘forget’: the maximum term is a matter of public policy. A 90-day clause is void, even if freely signed, even with a major account. And the practice of delaying the start date (endless ‘invoice validation’ procedures, ‘lost’ invoices to be resubmitted via supplier portals) is explicitly targeted by the DGCCRF as a workaround.
Late payment penalties apply automatically from the day after the due date, with no prior notice required. The rate: the one stated in your T&Cs/invoices, with a minimum of 3 times the legal interest rate; if not specified, the ECB rate plus 10 percentage points applies. Note: stating the rate on every invoice is MANDATORY—failure to do so may result in a fine (€75,000 for individuals, €375,000 for legal entities, Art. L.441-16).
The €40 fixed indemnity (Art. D.441-5) is added per overdue invoice, automatically. If your actual recovery costs exceed €40 (e.g., collection agency, lawyer), the difference can be claimed with supporting documents.
In practice, who charges these amounts? Large companies between themselves, systematically. SMEs with their clients: rarely as a first step (due to power imbalance), but mentioning it at D+15 in the follow-up sequence often works—and charging repeat offenders is perfectly legitimate.
The heavy weapon: reporting to DGCCRF. Late payments are the most frequently sanctioned practice by DGCCRF in terms of fine volume. Sanctions are administrative (no court proceedings required), can reach €2M for legal entities, and are publicly named on the DGCCRF website—the "name and shame" often stings more than the fine for large groups. A supplier can report anonymously via SignalConso. For a major account systematically paying late, this is a real lever—use it tactfully in negotiations before taking action.
Discover the Orizen answer: Orizen invoicing — auto mentions and deadlines, modular and built for French SMEs.
Essai gratuit 14 jours What the Orizen invoicing — auto mentions and deadlines module costsFirst, know that the clause is void: the 60-day cap is a matter of public policy, and no signature can validate it. Next, three escalating options: (1) invoice with the legal 60-day deadline and follow up normally—many accounting departments pay by the due date on the invoice; (2) offset the delay in the price or via a down payment at order; (3) if the practice is systematic and acknowledged, report to DGCCRF via SignalConso (possibly anonymously)—recent published fines specifically target this behaviour by large buyers.
Within the EU, Directive 2011/7/EU establishes a similar framework (30 days by default, 60 days unless explicitly agreed without abuse, automatic late interest) transposed into each member state’s law—so your European clients are subject to comparable rules under their jurisdictions. Outside the EU, it depends on the contract’s governing law: hence the importance of the applicable law clause and, in practice, securing payment otherwise (increased down payment, payment before shipment, letter of credit or export credit insurance).
Both exist: the default 30-day deadline starts after receipt of goods or service completion; the contractual 60-day cap runs from the "invoice date". Practical implication: late invoicing reduces your cash flow but does not delay the default deadline (which is tied to delivery)—whereas with a "invoice date" contractual deadline, each day of late invoicing delays payment by the same amount. In all cases: invoice on the delivery day, and the debate disappears.