THE CHALLENGE OF CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE REGULATION OF COMMERCIAL TRANSACTIONS
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Date
2026-10-08
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Plovdiv University Press
Abstract
Relevant for the study is Directive 2011/7/EU on combating late payment in commercial transactions1. On one hand, the regulations are liberal as they provide free access to the EU internal market and equal treatment of all participants there. On the other hand, they provide high protection of creditors` rights. The Directive does not harmonize fully all the rules relating to late payments in commercial transactions and Member States may adopt different ones. Nevertheless, the new rules must be settled in favor of creditors. However, in accordance with the principle of equality and uniform application of EU law, the concepts of the Directive are autonomous and should be interpreted uniformly in all Member States. This challenges national doctrine and practice and changes long-standing traditions and concepts.
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Keywords
case law, commercial transactions, European Law, Commercial Law, European Union (EU)