Action brought on 20 May 2026 – European Commission v Republic of Poland
(Case C-514/26)
Language of the case: Polish
Parties
Applicant: European Commission (represented by: J. Hottiaux and I.V. Rogalski, acting as Agents)
Defendant: Republic of Poland
Form of order sought
The applicant claims that the Court should:
declare 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 and, in any event, by failing to notify the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 26 of that directive;
order the Republic of Poland to pay the Commission a lump sum corresponding to the higher of the following two amounts:
(i) a daily amount of EUR 18 135.60 multiplied by the number of days that have elapsed from the day following the expiry of the transposition period set out in Directive 2022/2557 until the date on which the infringement is remedied, or – if the infringement is not remedied – until the date of the judgment in this case;
(ii) a minimum lump sum of EUR 4 221 000;
if the failure to fulfil obligations referred to in the first indent persists until the date of delivery of the judgment in the present case, order the Republic of Poland to pay the Commission a periodic penalty payment of EUR 97 657.92 for each day from the date of delivery of the judgment in this case until the date on which the Republic of Poland complies with its obligations under the Directive; and
order Republic of Poland to pay the costs.
Pleas in law and main arguments
Directive of the European Parliament and of the Council (EU) 2022/2557 of 14 December 2022 on the resilience of critical entities introduces harmonised provisions setting out minimum standards to ensure the provision of essential services in the internal market, enhance the resilience of critical entities, and improve cross-border cooperation between competent authorities.
In accordance with the third paragraph of Article 288 TFEU, a directive is binding on each Member State to which it is addressed as to the result to be achieved, whilst leaving the national authorities free to choose the form and methods. Member States are therefore required to adopt the provisions necessary to transpose directives into their national legal systems within the time limits laid down in those directives and to notify the Commission of those provisions without delay.
In accordance with Article 26 of that directive, Member States are to adopt and publish, by 17 October 2024, the provisions necessary to comply with it and to immediately notify the Commission thereof.
On 27 November 2024, the Commission issued a letter of formal notice to the Republic of Poland pursuant to Article 258 TFEU. On 17 July 2025, the Commission issued a reasoned opinion to Poland. Despite this, the measures transposing Directive 2022/2557 have not yet been adopted by the Republic of Poland, nor have they been notified to the Commission.
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1 OJ 2022 L 333, p. 164.