Official Journal of the European Union

EN

C series

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C/2025/2653

(Case C-208/25)

(C/2025/2653)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: D. Triantafyllou, V. Bozhilova and A. Manzaneque Valverde)

Defendant: Republic of Bulgaria

Form of order sought

The Commission claims that the Court should:

—declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2021/2167 (<span class="oj-super oj-note-tag">1</span>) 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, or, in any event, by failing to notify them to the Commission, Bulgaria has failed to fulfil its obligations under that directive;

—order Bulgaria to pay a lump sum of EUR 2 160 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 delivery of the judgment in the present case, with a minimum lump sum of EUR 603 000;

—where the failure to fulfil obligations referred to in the first indent persists until delivery of the judgment in the present case, order Bulgaria to pay to the Commission a daily penalty payment of EUR 8 398 from the day of delivery of the judgment in the present case until the day on which Bulgaria fulfils its obligations under the directive, and

—order Bulgaria to pay the costs of the proceedings.

Pleas in law and main arguments

The purpose of 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 is to strengthen the development of a well-functioning secondary market for non-performing loans, while at the same time ensuring stronger borrower protection, and in particular consumer protection. In accordance with Article 32 of the directive, Member States had until 29 December 2023 to adopt the provisions necessary to transpose the directive into their national legal systems and were immediately to notify those measures to the Commission.

The European Commission is bringing an action before the Court of Justice of the European Union seeking a declaration that, by failing to adopt 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, or, in any event, by failing to notify them to the Commission, Bulgaria has failed to fulfil its obligations under Article 32 of that directive. Accordingly, the European Commission claims that the Court of Justice should order Bulgaria to pay a lump sum and a penalty payment, as from the date of delivery of the judgment.

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

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ELI: http://data.europa.eu/eli/C/2025/2653/oj

ISSN 1977-091X (electronic edition)

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