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BilMoG: Accounting Law Reform Act

This follows not from a change in the law, but from a Court ruling that corrects the current interpretation of German law. OLG Köln to the European Court the following question presented: At what point a payment by bank transfer in a commercial transaction causes to be on time is to be considered? The ECJ Judgement (3.4.2008, C-306/06) has now ruled on the issue.

EC legal requirements

According to the ECJ, the European law in the "default policy of the European Parliament and European Council on combating late payment in commercial transactions" be interpreted as follows: If a payment by bank transfer, the amount owed to the creditor's account to be credited in time when the emergence of interest avoided or shall be terminated (Arg from Article 3, paragraph 1c point. ii EC Directive)

After existing interpretation of § 286 BGB default provisions triggered the delay by the debtor's bank in time for the transfer of the amount due to Instructs the creditor. Timely statement so far prevented the delay. This no longer applies, § 286 BGB is interpreted differently.

Oops! This concerns only the question of timeliness. There is the element of fault (or representation obligation) to. This follows from § 280 para 2 BGB. Thus, also occurs under the new law no delay, but if the payment is received late, but for reasons that the Payer can not be faulted. Or, as reflected in the policy to another place itself implies:

No delay if the delay is a result of the conduct of a debtor, who has taken the usually careful to conduct a bank transfer account required deadlines.


The ECJ also pointed out.