Information;Judgment — ECLI:EU:C:2025:404
Date: 2025-06-05
Language of the case: French
Court formation: Eighth Chamber
Subject matter: External relations;Commercial policy;Approximation of laws
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - inadmissible
Origin: Belgium

Judgment of the Court (Eighth Chamber) of 5 June 2025 – Commission v Belgium (Late payment in commercial transactions) (Case C‑543/24) ( Failure of a Member State to fulfil obligations – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 4(3)(a) – Commercial transactions between undertakings and public authorities – Obligation for Member States to ensure that public authorities comply with the periods for payment laid down in that provision – Article 6(1) – Compensation for recovery costs incurred by the creditor in the event of late payment by the debtor – Payment of a fixed sum ) 1. Actions for failure to fulfil obligations – Subject matter of the dispute – Determination during the pre-litigation procedure – Subsequent enlargement – Not permissible (Art. 258 TFEU) (see paragraphs 21, 22, 25) 2. Actions for failure to fulfil obligations – Procedure – Objective pursued – Objective finding that a Member State has failed to fulfil its obligations under the FEU Treaty or secondary legislation – Recognition of the undertaking on the part of a Member State to apply a directive correctly –None (Art. 258 TFEU) (see paragraph 29) 3. Approximation of laws – Combating late payment in commercial transactions – Directive 2011/7 – Commercial transactions between undertakings and public authorities – Obligation on the part of the Member States to ensure actual observance, by their public authorities, of periods for payment not exceeding 30 calendar days – Obligation to achieve a result – Failure to fulfil obligations (Art. 258 TFEU; European Parliament and Council Directive 2011/7, Art. 4(3)(a)) (see paragraphs 31, 36-38, operative part 1) 4. Actions for failure to fulfil obligations – Subject matter of the dispute – Determination during the pre-litigation procedure – Consideration of events which took place after the delivery of the reasoned opinion – Conditions – Facts of the same kind and constituting the same conduct as those referred to originally (Art. 258 TFEU) (see paragraphs 33-35) Operative part The Court: 1. Declares that, by failing to ensure that the Federal Government in 2021, the Walloon Region in 2020 and from the first half of 2022 to, at least, 15 January 2025, and the Brussels Capital Region in the first half of 2022, effectively comply with the periods for payment laid down in Article 4(3)(a) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, the Kingdom of Belgium has failed to fulfil its obligations under that provision; 2. Dismisses the action for the remainder; 3. Orders the European Commission and the Kingdom of Belgium to bear their own costs.