28The concept of ‘late payment’ referred to in Article 6(1) and (3) of Directive 2011/7, as the legal basis not only for interest but also for the fixed minimum sum of EUR 40, is defined in Article 2(4) of that directive as any payment not made within the contractual or statutory period of payment. Since that directive covers, in accordance with Article 1(2) thereof, ‘all payments made as remuneration for commercial transactions’, the concept of ‘late payment’ is applicable, as the Advocate General noted in point 28 of his Opinion, to each commercial transaction considered individually.
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