Payment backlogs – further proceedings
  • The President of UOKiK, Tomasz Chróstny, has instigated six proceedings into business entities that fail to pay to their suppliers on time.
  • Previously, he had issued so-called soft calls for them in order to draw their attention to irregularities in repaying their liabilities.
  • Since the beginning of 2024, the President of UOKiK has issued almost 40 such calls.

The President of UOKiK has instigated six new proceedings concerning excessive delays in fulfilment of financial obligations by the following companies: Bridgestone Poznań, Bruk-Bet, Eaton Automotive Systems, Metalkas, Przedsiębiorstwo Dystrybucji Farmaceutycznej SLAWEX and Rockfin.

Soft calls

Prior to the initiation of proceedings, the President of UOKiK addressed the so-called soft calls to these entities. They were aimed at signalling to the companies the irregularities noted in the area of payment practices and disciplining them with a view to immediate improvement.

- Soft calls offer a possibility to react promptly to the spotted irregularities and a potential payment backlog allowing an entrepreneur to repay their liabilities immediately at the same time. Our analyses prove that almost half of entrepreneurs to whom we had addressed the soft calls in 2023 have improved their payment discipline. In the incoming time we are planning to issue the next calls to entrepreneurs. At the same time, no improvement in the payment culture, like in the case of 6 entities, results in the initiation of administrative proceedings - says Tomasz Chróstny, the President of UOKiK.

The calls additionally fit a widely understood term of prevention, shaping the payment awareness and culture among entrepreneurs and enabling a specific entrepreneur to change its practices. Since the beginning of 2024, the President of UOKiK has issued soft calls to 37 entrepreneurs.

What are the fines for entrepreneurs?

The President of UOKiK will calculate fines for entrepreneurs based on the Act on Counteracting Excessive Delays in Payments, amended in 2022. The value of the fine will be established in two stages. As part of the first stage, a maximum fine will be calculated based on a formula provided in the anti-backlog act. As part of the second stage, the President of UOKiK will check the fine on the basis on some additional circumstances referred to in the Act.  It will take into account not only the value of overdue payments and the length of delays, but also the severity and circumstances of the violation, actions taken by the entrepreneur on its own initiative to stop the violation as well as cooperation with the Authority during the proceedings.

Visit the website on payment backlogs

The most important information regarding the competencies of UOKiK in connection with payment backlogs may be found on a dedicated website. What are payment backlogs? When can UOKiK investigate them? How can I report to a business partner who has failed to make a payment? Who may file such a report? Answers to these and many other questions can be found at https://uokik.gov.pl/en/payment-gridlocks 

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