Action brought on 30 January 2026 – European Commission v Italian Republic

(Case C-49/26)

(C/2026/1344)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: P. A. Messina, R. Álvarez Vinagre and K. Walkerová, acting as Agents)

Defendant: Italian Republic

Forms 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) 2022/362 of the European Parliament and of the Council, [ (1)] or in any event, by failing to communicate such measures to the Commission, the Italian Republic has failed to fulfil its obligations under the directive;

—

order the Italian Republic to pay to the Commission a lump sum corresponding to the higher of the following two amounts: (i) EUR 42 251 per day, multiplied by the number of days that has elapsed from the day following the expiry of the transposition period laid down in that directive until the date on which the infringement ceases or, if the infringement persists, until the date of delivery of the judgment; or (ii) a minimum lump sum of EUR 10 717 000.

—

in so far as the failure to fulfil obligations established in the first paragraph continued until the date of delivery of the judgment in the present proceedings, order the Italian Republic to pay the Commission a penalty payment of EUR 227 494,08 per day, from the date of delivery of the judgment in the present proceedings until the date on which the Italian Republic complies with the directive;

—	order the Italian Republic to pay the costs of the proceedings.

Pleas in law and main arguments

Under Article 4(1) of Directive (EU) 2022/362, Member States were required to adopt the laws, regulations and administrative provisions necessary to comply with that directive by 25 March 2024 and to inform the Commission thereof immediately.

On 24 May 2024, the Commission sent a letter of formal notice to the Italian Republic. On 16 December 2024, the Commission sent a reasoned opinion to the Italian Republic. Nevertheless, the Italian Republic has not yet fully transposed the directive into national law, nor has it informed the Commission of such transposition.

In accordance with Article 260(3) TFEU, when the Commission brings a case before the Court pursuant to Article 258 TFEU on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, it asks that the Court orders the defaulting Member State to pay a daily penalty payment and a lump sum.

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(1)  Directive (EU) 2022/362 of the European Parliament and of the Council of 24 February 2022 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520 as regards the charging of vehicles for the use of certain infrastructures (OJ 2022 L 69, p. 1).