Can a public authority or a private individual refuse payment in cash? The answer is that they cannot.
The use of currency is regulated by several very clear legal provisions. Now, whilst the use of cash is prohibited for payments exceeding €4,999.99 (a threshold redetermined by Art. 1, paragraph 384 of the 2023 Budget Law, Law no. 197/2022), the use of legal tender is governed by Art. 1277 of the Civil Code, pursuant to which pecuniary debts are discharged with legal tender.
Article 128 of the Treaty on the Functioning of the European Union provides that banknotes issued by the ECB and national central banks are the only legal tender in the EU. One could say, therefore, that using cash banknotes is something “Europe is asking of us”.
Indeed, with Recommendation no. 2010/191/EU, the European Commission reaffirmed the obligation to accept banknotes and coins as a normal means of payment.
The refusal of cash is also prohibited by Art. 693 of the Criminal Code under an offence that has now been decriminalised, carrying a fine of €30.
What should you do if a public office or a commercial establishment refuses cash payments?
First of all, you should contact law enforcement, requesting their attendance to identify and fine the person responsible for the violation pursuant to Art. 693 of the Criminal Code.
Secondly, where a public office such as a municipality or a local health authority is involved, refusing to perform mandatory duties due to the refusal to accept cash entails the potential commission of a series of offences:
- Interruption of a public service (Art. 331 of the Criminal Code)
- Refusal to perform official duties (Art. 328 of the Criminal Code)
- Unlawful coercion (Art. 610 of the Criminal Code)
Therefore, in the case of public offices, a criminal complaint may also be lodged for these serious offences against those responsible who refuse cash payment.
In the coming days, we will publish a dedicated guide with a template complaint to file against any official who has refused to accept cash payment.
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