Official Journal of the European Union

EN

C series

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C/2025/2654

(Case C-210/25)

(C/2025/2654)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: D. Triantafyllou and A. Manzaneque Valverde, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The Commission claims that the Court should:

—declare that, by failing to adopt all of the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU, (<span class="oj-super oj-note-tag">1</span>) or, in any event, by failing to communicate them to the Commission, the Kingdom of Spain has failed to fulfil its obligations under that directive;

—order the Kingdom of Spain to pay a lump sum of EUR 26 568 per day, from the day after the expiry of the deadline for transposition of the directive, namely 29 December 2023, until the day on which the infringement was brought to an end, or, if it has not been brought to an end, until the day of delivery of the judgment in the present case, with a minimum lump sum of EUR 7 420 000;

—where the failure to fulfil obligations referred to in the first indent persists until the day of delivery of the judgment in the present case, order the Kingdom of Spain to pay to the Commission a daily penalty payment of EUR 103 295,4 from the day of the judgment in the present case until the Kingdom of Spain fulfils its obligation to notify the measures transposing the directive into national law, and

—order the Kingdom of Spain to pay the costs of the proceedings.

Pleas in law and main arguments

In accordance with Article 32 of Directive (EU) 2021/2167, Member States had until 29 December 2023 to adopt and publish the laws, regulations and administrative provisions necessary to comply with the directive and were immediately to communicate the text of those measures to the Commission. Since the Kingdom of Spain has failed to notify the transposition of the directive, the Commission is bringing an action before the Court of Justice.

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(1) OJ L 438, 8.12.2021, p. 1.

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ELI: http://data.europa.eu/eli/C/2025/2654/oj

ISSN 1977-091X (electronic edition)

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