Official Journal of the European Union

EN

C series

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C/2025/2655

(Case C-212/25)

(C/2025/2655)

Language of the case: Hungarian

Parties

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

Defendant: Hungary

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, Hungary has failed to fulfil its obligations under that directive;

—order Hungary to pay a lump sum of EUR 3 888 per day, from the day after the expiry of the deadline for transposition of Directive 2021/2176, 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 1 086 000;

—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 Hungary to pay to the Commission a daily penalty payment of EUR 15 116,40 until the day on which that Member State fulfils its obligations under Directive 2021/2176, and

—order Hungary to pay the costs.

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 secondary markets for non-performing loans, while at the same time ensuring stronger borrower protection, and in particular consumer protection. In accordance with Article 32 of that directive, Member States had until 29 December 2023 to adopt the provisions necessary for the transposition of the directive into their national legal systems and were immediately to communicate those measures to the Commission.

In its application, the Commission is asking the Court of Justice to declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2021/2167, or, in any event, by failing to communicate them to the Commission, Hungary has failed to fulfil its obligations under Article 32 of that directive, and to order Hungary to pay a lump sum and a penalty payment, as from the day of delivery of the judgment.

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

ELI: http://data.europa.eu/eli/C/2025/2655/oj

ISSN 1977-091X (electronic edition)

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