Case C-781/25: Action brought on 4 December 2025 – European Commission v Republic of Bulgaria
Date: 2025-12-04
Institutions: Court of Justice
Subjects: drivers, national implementing measure, posted worker, road transport, sanction (EU), social security, transport regulations, working conditions








C_202600308EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/308


26.1.2026






Action brought on 4 December 2025 – European Commission v Republic of Bulgaria


(Case C-781/25)

(C/2026/308)
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: R. Álvarez Vinagre, V. Bozhilova and K. Walkerová, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought

The Commission claims that the Court should:






—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1057 (1) of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 or, in any event, by failing to notify them to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under that directive;










—


order the Republic of Bulgaria to pay the Commission a flat-rate sum of EUR 481 000;










—


if the infringement referred to in point 1 continues up to the date of delivery of the judgment in the present case, order the Republic of Bulgaria to pay the Commission a periodic penalty of EUR 12 384 per day as from the date of delivery of the judgment in the present case up to the date on which the Republic of Bulgaria complies with its obligations under that directive;










—


order the Republic of Bulgaria to pay the costs.





Pleas in law and main arguments

Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU on the posting of drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (‘the Directive’) lays down specific rules to ensure adequate working conditions and social protection for posted drivers in the road transport sector and, secondly, introduces rights and obligations in relation to the economic activity of transport operators and fair competition between them.
In accordance with the third paragraph of Article 288 TFEU, the directive is to be binding, as to the result to be achieved, upon each Member State to which it is addressed, but is to leave to the national authorities the choice of form and methods. Member States are therefore required to bring into force the provisions necessary to transpose the directives in their national law within the time limits set out in those provisions and to notify them to the Commission immediately.
In accordance with Article 9(1) of Directive 2020/1057, the Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 2 February 2022 at the latest and to inform the Commission thereof.
On 24 March 2022, the Commission sent a letter of formal notice to the Republic of Bulgaria. On 14 July 2023, the Commission sent a reasoned opinion to the Republic of Bulgaria. However, the Republic of Bulgaria has not yet transposed the directive into Bulgarian law or notified the Commission of such transposition.
Article 260(3) TFEU allows the Commission, when it brings a case before the Court pursuant to Article 258 on the grounds that a Member State has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, to specify the amount of the ‘lump sum or penalty payment’ to be paid by that Member State.


(1)  Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249 2020, p. 49).


ELI: http://data.europa.eu/eli/C/2026/308/oj
ISSN 1977-091X (electronic edition)