Case C-213/25: Action brought on 19 March 2025 – European Commission v Kingdom of the Netherlands
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_202502656EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2656


19.5.2025






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


(Case C-213/25)

(C/2025/2656)
Language of the case: Dutch

Parties


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

Defendant: Kingdom of Netherlands

Form of order sought

The Commission claims that the Court should:






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declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2021/2167 of the European Parliament and of the Council, (1) or, in any event, by failing to notify them to the Commission, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;










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order the Kingdom of the Netherlands to pay to the Commission a lump sum of EUR 15 228 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 Kingdom of the Netherland fulfilled its obligation to transpose the directive, or, if that directive has not been transposed, until the day of delivery of the judgment in the present case, with a minimum lump sum of EUR 4 253 000;










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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 the Netherlands to pay to the Commission, owing to a failure on that Member State’s part to comply with the obligation to notify measures transposing a directive adopted in the course of the legislative procedure, a penalty payment of EUR 59 205,90 for every day of delay, as from the day of delivery of the judgment of the Court of Justice in the present case;










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order the Kingdom of the Netherlands 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 the laws, regulations and administrative provisions necessary to comply with that directive and were immediately to communicate the text of those measures to the Commission.
Since the Kingdom of the Netherlands has not adopted the measures necessary to transpose Directive (EU) 2021/2167, or, in any event, has failed to notify those measures to the Commission, the Commission is bringing an action before the Court of Justice of the European Union.


(1)  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 (OJ L 438, 8.12.2021, p. 1).


ELI: http://data.europa.eu/eli/C/2025/2656/oj
ISSN 1977-091X (electronic edition)