Official Journal of the European Union

EN

C series

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C/2025/2657

(Case C-215/25)

(C/2025/2657)

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic

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, (1) or, in any event, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under Article 32 of that directive;

—where the failure to fulfil obligations referred to in the preceding indent persists until the day of delivery of the judgment in the present case, order the Portuguese Republic to pay to the Commission a penalty payment of EUR 19 735,30 for each day of delay, until the day on which that Member State fulfils its obligations under Directive 2021/2176, and

—order the Portuguese Republic to pay to the Commission a lump sum corresponding to one of the following two amounts, whichever is the highest: (i) a daily sum of EUR 5 076, multiplied by the number of days between the day after the expiry of the deadline for transposition laid down in Directive 2021/2167 and the day on which the infringement was brought to an end, or, where the infringement has not been brought to an end, the day of delivery of the judgment; (ii) a minimum lump sum of EUR 1 418 000.

—order the Portuguese Republic 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 secondary markets for non-performing loans in the European Union, 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. Nevertheless, the measures transposing the directive in full have still not been adopted, or, in any event, communicated to the Commission.

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

ELI: http://data.europa.eu/eli/C/2025/2657/oj

ISSN 1977-091X (electronic edition)

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