Yes, in the event of a commercial transaction the collection of costs consists of a fee of at least EUR 40. This amount is due, without any reminder being required, on the day following the one on which the statutory or agreed-upon deadline for payment has expired. It is not possible to derogate from this rule to the detriment of the creditor.
Furthermore, the compensation for damages, chargeable because of a delay in payment of a sum of money, consists in the case of a commercial agreement of the statutory interest on the unpaid part of that sum from the day following the date considered the expiry date for payment under the agreement up until and including the day on which the debtor has paid the amount chargeable to him (art. 6:119a(1) Civil Code). This is known as statutory commercial interest (‘handelsrente’) where the rate is now 8%.
The ‘normal’ statutory interest, laid down in art. 6:119(1) Civil Code, is now 2%. Any creditor can claim a 2% statutory interest on the sum over the time that the debtor is in default of complying with his obligation. So the interest rate of the statutory commercial interest is considerably higher than that of the ‘normal’ statutory interest laid down in art. 6:119(1) of the Civil Code.
In case the stipulated contractual interest is higher than the interest chargeable to the debtor under the previous paragraphs, the creditor is entitled to this higher interest rate over the time that the debtor is in default of complying with his obligation unless the rate is neither reasonable nor fair.
At the end of each year, the amount on which the statutory interest is to be calculated shall be increased with the unpaid statutory interest chargeable over that year. This is called ‘interest on interest’ of art. 6:119(2) and art. 6:119a(3) Civil Code.
No statutory interest is chargeable when the creditor himself is in default or the delay cannot be attributed to the debtor.