When the bill comes due: Belgium faces CJEU scrutiny over late payments

Late payments by public authorities are under increasing scrutiny in the European Union, as evidenced by a recent Court of Justice of the European Union (CJEU) ruling against Belgium. The EU continues to tighten expectations on timely payments, emphasising that simply transposing the Late Payment Directive into national law is not enough—active enforcement and real-world compliance are essential.

Key developments include:

• The CJEU found that some Belgian public authorities failed to comply with the 30-day payment deadlines, as set out in the Late Payment Directive.
• The ruling forms part of a wider trend, with similar actions taken against other member states such as Portugal, Spain, the Slovak Republic and Greece. 
• The EU is concurrently revisiting its legislative framework, with discussions underway to potentially replace the current Directive with a stricter Regulation, though progress is at this stage uncertain. 
• The European Commission is actively monitoring national compliance, even after CJEU judgments, meaning member states risk further legal and financial consequences if shortcomings persist.
• Now is time for public authorities and businesses working with them to review payment practices and contract terms to ensure compliance with evolving EU requirements.

Read the full publication for insights and practical recommendations.