In short
- Law no. 72/2013 on combating late payment of money obligations from contracts between professionals transposes EU Directive 2011/7/EU.
- If the contract does not set interest, the legal penalty interest between professionals is the National Bank of Romania reference rate plus 8 percentage points (Government Ordinance no. 13/2011).
- The creditor may also claim a fixed minimum compensation for recovery costs, equal to the RON equivalent of EUR 40, without prejudice to proven higher costs.
- Interest is claimed together with the principal in the demand letter, payment order, European Order for Payment or court action.
Three steps
1. Find the due date
Check the payment term in the contract or invoice; this is when interest starts to run.
2. Calculate interest
Apply the contractual rate or, if none, the legal penalty interest for each period.
3. Claim it
Include principal, interest and recovery compensation in your demand and court application.
In detail
When interest starts
Interest runs from the due date itself, as Law 72/2013, art. 3(2), provides: 'de la scadență până la momentul plății' — from the due date until the payment is actually made. The due date is the one agreed in the contract or stated on the invoice, and no separate formal notice is needed for commercial obligations between professionals.
Law 72/2013 also regulates maximum payment terms between professionals; longer terms may be agreed only within the conditions of the law and if they are not grossly unfair to the creditor.
Contractual and legal interest
If the contract sets a penalty interest rate, that rate applies within the legal limits.
If not, the legal penalty interest between professionals applies: the NBR reference rate plus 8 percentage points. Because the reference rate changes, calculate interest separately for each period.
Claiming interest abroad and in Romania
Interest can be included in the Romanian payment order, the European Order for Payment, European small claims or an ordinary action.
In insolvency, interest is generally calculated up to the opening date and filed together with the principal.
Documents to prepare
- Contract or general terms showing the agreed payment term and any interest clause
- Invoices with issue and due dates
- Proof of partial payments with dates
- Interest calculation per invoice
- Correspondence about the delay
Related guides
Frequently asked questions
Official sources
- Law no. 72/2013 and Government Ordinance no. 13/2011 — Romanian Legislative Portal
- Directive 2011/7/EU on combating late payment — EUR-Lex
- National Bank of Romania — reference interest rate
General legal information, not legal advice. Each situation requires individual review. Cabinet de Avocatură Pantilimon Rikhárd-Árpád, based in Târgu Mureș.