do-me/EUR-LEX huggingface dataset:
Case C-216/25, GSP Offshore: Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 19 March 2025 – ZN v GSP Offshore SRL
Date: 2025-03-19
Institutions: Court of Justice
Subjects: claim, debt, remuneration of work, transfer of businesses, work contract








C_202503496EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3496


7.7.2025






Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 19 March 2025 – ZN v GSP Offshore SRL


(Case C-216/25, GSP Offshore)

(C/2025/3496)
Language of the case: Romanian

Referring court

Curtea de Apel Constanța

Parties to the main proceedings


Applicant and appellant: ZN

Defendant and respondent: GSP Offshore SRL

Questions referred







1.


Is Article 3(1) of Directive 2001/23/EC (1) to be interpreted as:






(a)


precluding the application of a general provision of national law which makes the transfer of an obligation between two debtors subject to the creditor’s consent, in the case of a transfer governed by that directive, concerning the transferor’s obligations arising from a contract of employment or an employment relationship existing on the date of the transfer, which are transferred to the transferee?










(b)


meaning that the exception provided for in the second subparagraph of that paragraph can be regarded as having been established by a general provision of national law adopted after the law transposing the directive – a general provision making the transfer of an obligation between two debtors subject to the creditor’s consent – or must that exception be established through a special legislative provision?














2.


If Questions 1(a) and 1(b) are answered in the negative, can Article 8 of Directive 2001/23/EC be interpreted as permitting States (including courts) to apply a general provision which makes the transfer, from the transferor to the transferee, of obligations relating to remuneration arising before the transfer subject to the creditor employee’s consent, as a more favourable provision than the first subparagraph of Article 3(1) of Directive 2001/23/EC, as transposed by a specific national law?






(1)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).


ELI: http://data.europa.eu/eli/C/2025/3496/oj
ISSN 1977-091X (electronic edition)
Case C-210/25: Action brought on 19 March 2025 – European Commission v Kingdom of Spain
Date: 2025-03-19
Institutions: Court of Justice
Subjects: EU banking union, banking supervision, consumer protection, credit, credit institution, credit policy, financial solvency, free movement of capital, national implementing measure, sanction (EU)








C_202502654EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2654


19.5.2025






Action brought on 19 March 2025 – European Commission v Kingdom of Spain


(Case C-210/25)

(C/2025/2654)
Language of the case: Spanish

Parties


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

Defendant: Kingdom of Spain

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 Kingdom of Spain has failed to fulfil its obligations under that directive;










—


order the Kingdom of Spain to pay a lump sum of EUR 26 568 per day, from the day after the expiry of the deadline for transposition of the directive, 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 7 420 000;










—


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 the Kingdom of Spain to pay to the Commission a daily penalty payment of EUR 103 295,4 from the day of the judgment in the present case until the Kingdom of Spain fulfils its obligation to notify the measures transposing the directive into national law, and










—


order the Kingdom of Spain to pay the costs of the proceedings.





Pleas in law and main arguments

In accordance with Article 32 of Directive (EU) 2021/2167, Member States had until 29 December 2023 to adopt and publish the laws, regulations and administrative provisions necessary to comply with the directive and were immediately to communicate the text of those measures to the Commission. Since the Kingdom of Spain has failed to notify the transposition of the directive, the Commission is bringing an action before the Court of Justice.


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


ELI: http://data.europa.eu/eli/C/2025/2654/oj
ISSN 1977-091X (electronic edition)