Action brought on 12 May 2026 – European Commission v French Republic
(Case C-481/26)
Language of the case: French
Parties
Applicant: European Commission (represented by: J. Hottiaux, I. Rogalski, acting as Agents)
Defendant: French Republic
Form of order sought
The European Commission claims that the Court should:
1) find that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC, 1 or, in any event, by failing to notify those measures to the Commission, France has failed to fulfil its obligations under that directive.
2) order France to pay the Commission a lump sum corresponding to the higher of the following two amounts: (i) a daily amount of EUR 62 546.40 multiplied by the number of days between the day after the expiry of the deadline for transposition of the directive concerned and the date the infringement comes to an end, or, failing compliance, the date of delivery of the judgment in the present case; (ii) a minimum lump sum of EUR 14 557 000;
3) if the failure to fulfil obligations established in point 3 above lasts until the date of delivery of the judgment in the present proceedings, order France to pay the Commission a penalty payment of EUR 336 804.48 per day of delay as from the date of that judgment until the date on which France complies with its obligations under that directive;
4) order the French Republic to pay the costs.
Pleas in law and main arguments
Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC establishes harmonised minimum rules to ensure the provision of essential services in the internal market, to enhance the resilience of critical entities and to improve cross-border cooperation between competent authorities.
Under the third paragraph of Article 288 TFEU, a directive is binding, as to the result to be achieved, upon each Member State to which it is addressed, but will leave to the national authorities the choice of form and methods.
Article 26(1) of that directive requires that Member States adopt and publish the measures necessary to comply with that directive by 17 October 2024. The Member States are also required to notify immediately the text of the measures adopted for that purpose to the Commission.
The Commission initiated an infringement procedure against France in November 2024 and then sent it a reasoned opinion in July 2025. To date, France has not notified the Commission of the measures transposing Directive 2022/2557 required by Article 26 thereof.
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1 OJ 2022, L 333, p. 164.