Module 124 min2902 wordsFree — no account
When a customer is in default and what default costs them
The module’s worked examples, then cases to attempt before revealing their solution · 2 sections · 360 words · 3 min
Worked example
The joinery does the sums
The €8,000 invoice is payable at once and arrives on 2 March 2026. Under section 286(3) BGB the GmbH is in default from 2 April. Up to 30 June that is 90 days at 10.27%: €8,000 × 10.27% × 90 / 365 = €202.59. For the 31 days of July the rate is 10.52%: €8,000 × 10.52% × 31 / 365 = €71.48. Together €274.07 of interest, plus the €40 flat fee, €314.07 in all. Had the customer been a consumer, there would be no default without a notice on the invoice; with one, the first segment would carry only 6.27%, i.e. €123.68, and no flat fee. Counting on a 365-day year follows the calculator and is a simplification the statute does not prescribe.
Practical case
A fixed payment date and a month of waiting
A translation agency agreed with an engineering GmbH in the order that the €5,000 fee is payable by 15 May 2026. The invoice arrived in good time; the agency sends no reminder. The GmbH pays after 30 days of default, all in the first half of 2026. From when was the GmbH in default, which rate applies, and how much can the agency claim on top of the fee? Count like the calculator, on 365 days.
Hint: First check whether a calendar date was fixed, then whether a consumer is involved, and remember the item that comes on top of the interest.
Show the solution
A calendar date was fixed for payment: 15 May 2026, a Friday. No reminder is therefore needed under section 286(2) no. 1 BGB, and the GmbH is in default from Saturday 16 May. No consumer is involved and the fee is a price for a service, so section 288(2) BGB applies: nine percentage points above the base rate of 1.27 percent, i.e. 10.27 percent. Interest comes to €5,000 × 10.27% × 30 / 365 = €42.21. On top of that comes the €40 flat fee under section 288(5) BGB, because the GmbH is not a consumer. The agency can therefore claim €82.21 in addition to the fee.
Answer: Default from 16 May 2026; 10.27%; €42.21 interest + €40 flat fee = €82.21
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