Late Payment Law in Italy

What you're legally owed

When a B2B invoice goes unpaid in Italy, the governing statute is Decreto Legislativo 231/2002 (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 + 8 percentage points (B2B)

~10.65% per year in early 2026

Flat compensation fee

€40

rimborso forfettario per spese di recupero

Default payment term

30 days from delivery/service; max 60 days B2B

Public sector max

30 days (60 days for healthcare bodies)

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 Italy

The primary enforcement path for freelancers in Italy is the Decreto ingiuntivo.

A written-document-based fast-track procedure. The creditor presents the invoice, contract, and delivery proof; the judge issues a payment order within 30–60 days. The debtor has 40 days to object, after which the order becomes final. Lawyer required.

Small claims limit: €10,000 (Giudice di Pace, debts up to this amount).

Official portal: www.giustizia.it

What to do this week

1. Add a late-fee clause citing D.Lgs. 231/2002 to your contract template. Use the freelance contract template as a starting point.
2. Add one line to your invoice footer: “Late payments accrue interest under D.Lgs. 231/2002 at ECB refinancing rate + 8 percentage points (B2B), plus a €40 rimborso forfettario per spese di recupero.”
3. 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.
4. If the letter's deadline passes, run the escalation playbook — or file directly via the Decreto ingiuntivo, which is designed to be used without a lawyer for undisputed debts.

One thing most freelancers don't know

Italy's decreto ingiuntivo is document-only — the judge never meets the debtor before issuing the first order. It is one of the fastest ways to get an enforceable judgment in the EU.