Abstract

The amount of statutory interest and statutory interest for delay has been set by legal acts issued pursuant to Art. 359 § 4 and Art. 481 § 24 of the Civil Code, namely, the Notice of the Minister of Justice dated 7 January 2016 concerning the amount of statutory interest, whereby the Minister specified that as of 1 January 2016 it will be at the level of 5% per annum, while as regards statutory interest for delay its amount was specified in the Notice of the Minister of Justice dated 7 January 2016 concerning the amount of statutory interest for delay at the level of 7% per annum. By the Act of 9 October 2015 amending the Act on terms of payment in commercial transactions, the Civil Code, and certain other Acts the legislator differentiated statutory interest and statutory interest for delay. The amendment was aimed at implementing Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions. This differentiation should be taken into account in the contents of the statement of the claim. In the context of the above it is to be conjectured that it is the chairman, and in the case of writ of payment proceedings also the court referendary who are obliged to assess whether the kind and amount of statutory interest, including statutory interest for delay, has been stated and substantiated correctly in the statement of the claim by the claimant. Fulfilment of those formal requirements, especially in the order of payment and writ of payment proceedings in which the decision is not substantiated, serves the implementation of the procedural principle of equality of the parties. Therefore, it is of special importance for the procedural position of the defendant and the efficacy of the proceedings.