Traduction de «Délai de production des créances » (Français → Anglais) :

D. whereas, in general, debt recovery is a major problem, which is made worse where claims are of a cross-border nature, particularly for small businesses which do not have specialised lawyers or dedicated debt-collection departments at their disposal and are often placed in the invidious position of having to commit staff, scarce financial resources and, above all, time to this problem rather than to productive activities,

1. From the end of the eighteen-month period referred to in Article 66 (4) of the implementing Regulation, interest can be charged by the creditor institution on outstanding claims, unless the debtor institution has made, within six months of the end of the month during which the claim was introduced, a down payment of at least 90 % of the total claim introduced pursuant to Article 66(1) or (2) of the implementing Regulation.

- The second proposal is that there should be a five-year time-bar on the recovery of sums owed to the Community. This limit could be extended in cases where active steps are being taken to secure recovery. As things stand, there is no general time-limit of a ‘Community’ nature (such a limit exists in certain sectoral regulations e.g. those concerning the Staff Regulations: 5 years, the regulation on the protection of the communities’ financial interests: 4 years). However, there is interference with the national legislation, where the contract refers to national law or where the judge is a national one applying his own law as the law of ...[+++] procedure. This could give rise to total chaos in those Member States where institutions’ right to collect debts is time-barred (after 3 or 10 years), or where, quite simply, no information is given on whether the deadline has lapsed until the case comes before the judge. Nor is it clear whether after the period has elapsed it is possible to accept compensation or spontaneous payment by the debtor. In brief, this proposal would introduce legal certainty for both the institutions and the debtors.

2. That information, provided by the dispatch of a notice, shall in particular deal with time limits, the penalties laid down in regard to those time limits, the body or authority empowered to accept the lodgement of claims or observations relating to claims and the other measures laid down.

2. The notice referred to in paragraph 1 shall in particular deal with time limits, the penalties laid down with regard to those time limits, the body or authority empowered to accept the lodgement of claims or observations relating to claims and the other measures laid down.

Duly verified claims must be paid within three months (twenty working days from the end of 2010) of the date on which the competent authorities establish that deposits are unavailable.