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=S=> BGB 286. 1 If the obligor , following a warning notice from the obligee that is made after performance is due , fails to perform , he is in default as a result of the warning notice . Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice .
=S=> BGB 286. 2 There is no need for a warning notice if a period of time according to the calendar has been specified , performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated , starting from the event , according to the calendar , the obligor seriously and definitively refuses performance , for special reasons , weighing the interests of both parties , the immediate commencement of default is justified .
=S=> BGB 286. 3 The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment ; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment . If the time at which the invoice or payment statement is received by the obligor is uncertain , an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration .
=S=> BGB 286. 4 The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible .
=S=> BGB 286.* ) Official note : This provision also serves in part to implement Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions ( OJ L 200 , p . 35 ) .
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