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Thegonnec, Judge
Category: European Law
Satisfied Customers: 1412
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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A consultant retained by a contractor operating an EC project

Customer Question

A consultant retained by a contractor operating an EC project is not being paying fees in a timely manner ie within 30 days of receipt of an approvied invoice and timesheet. In addition other staff have not been paid since the inception of the project. Is there a rule or procedure you can refer me to that can be invoked against the contractor to ensure payment in a timley manner
Submitted: 4 years ago.
Category: European Law
Expert:  Thegonnec replied 4 years ago.
In which country are you based? And in which country is the contractor based.
The national rules for business debt collection would apply in such matter.
Customer: replied 4 years ago.

Actually No Service!

I made a simple request for clarification . Please READ the question !! You obviously dont understand the location of the parties is irrelevent!
. The Contractor is conrtacted to the EC (a technical aid programme)and therefore bound by EC rules and statutes.The consultant is retained by the contractor to the EC to fulfill its contract with the EC. I asked for guidance on the Rules or refrences to those rules that bind the Contractor to meet their obligations to their consultants. Thank you.

Expert:  Thegonnec replied 4 years ago.
Sorry but if the contractor fails to honor a debt, EC Rules, regulations and bylaws do not make provision for debt collection actions. Such matters are left to the legislations of member countries.
Therefore in case of non-payment, the rules, laws and procedures of one or several member country of the EC apply depending on where the debtors and the creditors are based.

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