Official Journal of the European Union

EN

C series

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C/2025/1413

10.3.2025

(Case C-25/25)

(C/2025/1413)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: Ts. Georgieva, M. Mataija und G. Meessen, acting as Agents)

Defendant: European Commission

Form of order sought

The Commission claims that the Court should:

1.declare that, by preserving in national legislation a provision that determines in an abstract manner the maximum duration of temporary cross-border provision of social services the Republic of Bulgaria has failed to fulfil its obligations under Article 16 of Directive 2006/123/EC. (*)

2.order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

The matter concerns an application made on the basis of Article 258 of the Treaty on the Functioning of the European Union.

The Commission submits that the Republic of Bulgaria failed to fulfil its obligations under Article 16 of Directive 2006/123/EU and Articles 56 and 57 TFEU concerning the cross-border provision of social services by providers established in another Member State or in the European Economic Area. The Republic of Bulgaria adopted provisions in national legislation determining the maximum duration of temporary cross-border provision of social services which are contrary to EU law.

The application is based on the following two pleas in law.

First, according to the Commission, the Zakon za sotsialnite uslugi (Law on Social Services) restricts the temporary provision of social services by providers who are not established in the Republic of Bulgaria to six months in a calendar year. That requirement limits the freedom to provide services pursuant to Article 16 of Directive 2006/123/EC. Suppliers who wish to provide social services for a period longer than six months in a calendar year must be established in the territory of the Republic of Bulgaria, which requires that a licence be obtained pursuant to Bulgarian legislation, That requirement is prohibited by Article 16(2)(a) or, alternatively, Article 16(2)(b) of Directive 2006/12/EC.

Second, supposing that Directive 2006/123 does not apply to the contested provisions of the Law on Social Services or to certain specific activities, the Commission submits that the Bulgarian legislation applicable to the cross-border provision of social services infringes Articles 56 and 57 TFEU.

* Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L376, 2006 p. 36)

ELI: http://data.europa.eu/eli/C/2025/1413/oj

ISSN 1977-091X (electronic edition)

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