The Court of Cassation annuls the decision of the professional court to grant interest only from the date of the filing of the final report of the court expert in the context of the Late Payment Act
Private Construction Law
By judgment of 17 March 2022, the Court of Cassation annulled a judgment of the Court of Appeal of Antwerp of 7 December 2020 in which the Court of Appeal had decided, in the event of late payment in commercial transactions, to grant interest only from the day of the filing of the final report of the court expert. The Court of Cassation annuls this judgment since invoices under the Late Payment Act yield interest from the day following that on which the contractual payment term or the payment term stipulated in Article 4 of the Late Payment Act expires.
11 April 2022
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