Navigating Interest

Interest on Overdue Payments: Maltese Law and the EU Late Payments Directive

Wayne Pisani
By:
insight featured image
In the fast-paced world of cross-border commerce, timely payments are vital for maintaining liquidity and trust. For businesses operating in or from Malta, understanding the legal framework surrounding interest on overdue payments is essential — especially when dealing with international debtors.

What Does Maltese Law Say?

Malta transposed the EU Late Payments Directive (Directive 2011/7/EU) into national law via Legal Notice 272 of 2012, embedding it within the Commercial Code. This legislation applies to commercial transactions between businesses and public authorities, ensuring fair compensation for late payments. Key provisions include:

  • Interest Rate

    • Creditors are entitled to simple interest at the European Central Bank (ECB) reference rate + 8%. As of 1 July 2025, this rate is 10.15%.
  • Automatic Entitlement

    • No reminder is needed — interest accrues automatically if the debtor is responsible for the delay.
  • Recovery Costs

    • Creditors can claim a minimum of €40 for recovery expenses.

 

Exceptions and Contractual Freedom

While the Civil Code generally limits interest rates, these restrictions do not apply to commercial transactions governed by the Directive. Businesses may negotiate terms freely, provided they are not grossly unfair to the creditor.