On point: The Commission is suing France and Spain before the CJEU for non-implementation of the NIS2 Directive to enforce comprehensive regulatory protection of critical infrastructure.
France and Spain have still not transposed the EU NIS2 Directive on securing critical infrastructure into national law – even though the deadline expired in October 2024. The European Commission is now filing suit before the Court of Justice of the European Union.
The NIS2 Directive was decided by the EU in 2022 and establishes binding cybersecurity requirements for critical infrastructure operators – including energy, transport, water and digital service providers. The implementation deadline ended in October 2024. Two years later, France and Spain have still not fulfilled this obligation. The European Commission is therefore preparing legal proceedings before the Court of Justice of the European Union, which are expected to be filed in 2025, possibly around the summer recess.
The situation in France is particularly strained: the country is already being sued before the CJEU for non-implementation of the CER Directive (also for the protection of critical infrastructure). Paris had planned to transpose both directives in a single legislative package – but the initiative has stalled repeatedly and is expected at the earliest by the end of September 2025. Germany also missed the original deadline, but adopted its NIS2 transposition law in November 2025 and implemented it on 6 December 2025 without a transition period. This brings approximately 29,500 companies from 18 sectors (previously about 4,500) under regulation.
France and Spain will not be the only delinquent states: of 27 EU countries, only four had transposed the directive on time; by now it is 22 of 27. The Commission announced that further member states should expect CJEU proceedings. The Court can either grant delinquent states more time or impose fines. In such proceedings, the Commission often already submits a penalty proposal when filing the complaint – whether this happens here remains to be seen.
Source: www.it-daily.net · Published 15 June 2026
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