Payments with business problems. UOKiK punished 2 companies

The President of the Office of Competition and Consumer Protection punished two companies that did not pay their contractors on time: Rawag and Carlsberg – UOKiK informed on Monday. Both companies did not question the office's findings and paid penalties.

According to the UOKiK announcement, the first punished company is the Rawicka Factory of Rawag Wagon Equipment, whose main subject of activity is the production of railway locomotives. The second entity that received a financial penalty is a beer producer – Carlsberg Supply Company Polska.

The office emphasized that under these two proceedings, the President of UOKiK analyzed 16,762 invoices issued to 1,287 entities and determined that there was a delay in 2,842 commercial transactions in comparison with 322. The penalty for Rawag amounted to over 291 thousand. PLN, and for Carlsberg – 69 thousand zloty. The office emphasized that both entities did not question the findings and paid penalties.

UOKiK pointed out that he continues the so -called Soft interventions towards subsequent entities whose payment discipline “raises doubts” and may indicate the risk of payment embolism. “Entrepreneurs are informed about the irregularities noticed and the possible consequences of the lack of improvement. Soft occurrences are part of the broadly understood prevention – they shape the awareness and payment of the entrepreneurs' payment culture and allow them to change their practices without the need to start proceedings. From the beginning of the year 81 entrepreneurs have received soft speeches” – said office.

The announcement said that in April the proceedings were initiated regarding the imposition of a fine for not providing the information requested by Neptun from Lublin. Entrepreneurs are threatened with a maximum amount of 5 percent. annual income – no more than EUR 50 million. Such a penalty may also be imposed in the case of the response after the deadline set by the Office or the provision of information misleading as to the findings in the case.

UOKiK reminded that the applicable regulations allow the President of the Office to suspect that a given company is excessive delaying with payments. Such a notification must contain four elements: the indication of the entrepreneur to whom suspected, a description of the facts that is the basis for notification, the probability that delays actually take place, and identifying data identifying the applicant. The notification should be accompanied by documents that may confirm the delays in payments.

The office stated that, according to the assumptions of anti -zator regulations, the fight against delays in payments is taking place in two ways. “An entrepreneur who has not received payment on time should first call the debtor to settle the amount of goods or service. If this is not effective, he may claim his rights in a civil court. In addition, one of the sanctions of the late fulfillment of the cash benefit by the debtor regulated in the act are statutory interest for delay in commercial transactions” – we read.

Pursuant to the provisions, as UOKiK emphasized, if the parties to the commercial transaction did not provide for the payment deadline, the creditor, without a call, is entitled to statutory interest for delay in commercial transactions after 30 days counted from the date of his performance by his payment until the date of payment. Another consequence for the debtor who does not meet the cash benefit within the time limit resulting from the contract is compensation for the costs of recovery of receivables, equivalent to 40 to 100 euros depending on the value of the cash benefit.

Another way is the administrative proceedings conducted by the President of UOKiK. If he determines that the entrepreneur has delayed payments for a total amount exceeding PLN two million for three months, he may impose a financial penalty on him to the state budget.

“Payment congestion is one of the biggest problems of the Polish economy. It is also an obstacle to conducting business, especially for smaller entrepreneurs, because it raises costs and reduces employment or investment. The timely receiving receivables and related financial liquidity is the basic condition of survival of smaller companies” – emphasized, the president of UOK, Tomasz Chróstny, cited in information. (PAP)

(We plan to continue the topic)

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