Bottom line up front: When a business client in France leaves your invoice unpaid, the EU Late Payment Directive (2011/7/EU), as transposed into national law, generally lets you claim the principal, statutory late-payment interest, and a fixed recovery sum (an EU minimum of €40). For a debtor in your OWN country you use the national order-for-payment route (Injonction de payer); for a debtor in ANOTHER EU country you can escalate cross-border with the European Payment Order (Form A). This is general information, not legal advice.

The situation: an overdue B2B invoice in France

Late payment is a persistent challenge for freelancers and small agencies across the EU, and France is no exception. You delivered the work or the service, sent a proper invoice with clear payment terms, and the due date has passed. Weeks turn into months, and your cash flow suffers while the client offers excuses or simply ignores your reminders. The frustration is real, and the financial strain can be significant—especially when the invoice crosses borders and involves different jurisdictions.

For B2B and B2G transactions in France, you are not powerless. The Late Payment Directive provides a clear framework, and France has transposed it into national law. The first step is understanding that you are entitled to more than just the overdue principal: statutory interest on the late amount and a fixed recovery sum are generally available without the need for a separate reminder, once the payment is late.

Your position under Directive 2011/7/EU

The Directive establishes a strong baseline for commercial transactions. For B2B and B2G debts, once payment is late—typically after the agreed due date has passed or, at the latest, 30 days after receipt of the invoice—you as the creditor are generally entitled to statutory late-payment interest and a fixed recovery sum of at least €40. These rights apply as transposed into French law, and they exist to combat the culture of late payment that can stifle small businesses.

The statutory interest rate in France is calculated based on the European Central Bank's reference rate plus a fixed margin. This ensures that the interest reflects current economic conditions while providing a clear, predictable basis for your claim. The €40 minimum recovery sum is exactly that—a minimum—so under French law the actual amount may be higher, but you are always entitled to at least this baseline.

Domestic vs. cross-border: which route applies

The recovery route depends on where your debtor is located. If your client is based in France (same country), you use the national procedure: the Injonction de payer (order for payment). This is a streamlined process designed to obtain a court order for payment without the need for a full trial, provided the debt is undisputed.

If your client is in a different EU country (cross-border), you can use the European Payment Order (Form A). This is a standardized procedure under Regulation (EC) No 1896/2006 that allows you to pursue unpaid debts across EU borders. Note that the European Payment Order is not available for debts involving Denmark, and it only applies to cross-border cases within the EU.

In either scenario, sending a soft reminder followed by a formal late-payment demand can often resolve the issue before court proceedings become necessary. These documents clearly state the principal owed, the accrued interest, and the recovery costs, giving the debtor a final opportunity to pay before you escalate.

The manual way (and why it's tedious)

Doing this manually involves several steps that are easy to get wrong. First, you must draft a legally sound demand letter that correctly cites the applicable law and calculates the interest accurately. For domestic cases, you then file for an Injonction de payer with the appropriate French court. For cross-border cases, you must complete the multi-page official Form A, ensuring every field is filled correctly according to the EU regulations.

The interest calculation itself can be tricky. You need to apply the correct ECB reference rate for the relevant period, add the statutory margin, and compute the daily interest on the outstanding amount. A small error in the rate or the calculation method can result in an incorrect claim that may be rejected or delayed.

For the European Payment Order, the Form A must be completed precisely. The form requires detailed information about both parties, the nature of the debt, and the calculation of interest and costs. If the form is not filled out correctly, the court may request corrections, causing significant delays.

Doing it yourself vs. MoraDirect

Generate your documents

Don't want to calculate interest and format court forms by hand? MoraDirect builds your reminder, late-payment demand, and (for cross-border cases) the official European Payment Order Form A from one set of details — no account, nothing stored after your download. Create your documents

General information, not legal advice. MoraDirect is a document-formatting tool.