What you're legally owed
When a B2B invoice goes unpaid in Germany, the governing statute is Bürgerliches Gesetzbuch //// 286, 288 (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 base rate + 9 percentage points (B2B), + 5 points (B2C)
- ~11.65% per year for B2B in early 2026
- Flat compensation fee
- €40
- Mahnpauschale
- Default payment term
- 30 days from receipt of invoice (silent contracts); max 60 days B2B unless expressly agreed
- 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 Germany
The primary enforcement path for freelancers in Germany is the Mahnverfahren (expedited order-for-payment).
File online via the central Mahngericht portal. Filing fees start at €32. If the debtor does not object within 2 weeks, you receive a Vollstreckungsbescheid (enforcement order) without a hearing. Typical timeline: 4–8 weeks from filing to enforceable judgment.
Small claims limit: €5,000 (Amtsgericht).
Official portal: www.online-mahnantrag.de
What to do this week
- Add a late-fee clause citing BGB //// 286, 288 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 BGB //// 286, 288 at ECB base rate + 9 percentage points (B2B), + 5 points (B2C), plus a €40 Mahnpauschale.”
- 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 Mahnverfahren (expedited order-for-payment), which is designed to be used without a lawyer for undisputed debts.
One thing most freelancers don't know
Germany's Mahnverfahren is the fastest uncontested-debt process in Europe. Over 70% of filings end in a judgment without the debtor ever appearing.
This guide is a plain-language summary of BGB //// 286, 288 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 Germany.