What you're legally owed
When a B2B invoice goes unpaid in France, the governing statute is Code de commerce Article L.441-10 (transposing EU Directive 2011/7). It gives freelancers and small suppliers automatic rights to statutory interest and a flat compensation fee on every overdue invoice — no contract clause required.
- Statutory interest
- ECB refinancing rate + 10 percentage points (B2B)
- ~12.65% per year in early 2026
- Flat compensation fee
- €40
- indemnité forfaitaire de recouvrement
- Default payment term
- 30 days from delivery/service; max 60 days from invoice or 45 days end-of-month
- Public sector max
- 30 days
These amounts accrue automatically from the day after the invoice due date. You do not need a contract clause to invoke them — the statute creates the right directly. A contract can set a higher rate, but not a lower one.
How to enforce it in France
The primary enforcement path for freelancers in France is the Injonction de payer.
File at the Tribunal de commerce (for B2B) with a fee around €35. The judge can issue an order without a hearing; the debtor then has one month to oppose. Fast and lawyer-optional under €10,000.
Small claims limit: €5,000 (procédure simplifiée de recouvrement).
Official portal: www.service-public.fr/particuliers/vosdroits/F1746
What to do this week
- Add a late-fee clause citing Code de commerce L.441-10 to your contract template. Use the freelance contract template as a starting point.
- Add one line to your invoice footer: “Late payments accrue interest under Code de commerce L.441-10 at ECB refinancing rate + 10 percentage points (B2B), plus a €40 indemnité forfaitaire de recouvrement.”
- When an invoice goes overdue, use the free late-fee calculator to get the exact amount owed, then send a formal demand letter citing the statute. The demand letter guide walks through exactly what to include and what to leave out.
- If the letter's deadline passes, run the escalation playbook — or file directly via the Injonction de payer, which is designed to be used without a lawyer for undisputed debts.
One thing most freelancers don't know
France's statutory rate is the highest in the EU — ECB + 10 points vs. the Directive's floor of ECB + 8. Invoicing for it is legally automatic, no contract clause required.
This guide is a plain-language summary of Code de commerce L.441-10 as it applies to freelancers and small suppliers. It is not legal advice. For disputes over larger amounts, or anything with a contested fact pattern, consult a lawyer admitted in France.