Court of Justice of the European Union (CJEU), located in Luxembourg-Kirchberg; Credit: Ali Sahib, Chronicle.lu

On Wednesday 29 April 2026, the European Commission announced its decision to refer several EU Member States, including Luxembourg, to the Court of Justice of the European Union (CJEU) for failure to transpose the Critical Entities Resilience (CER) Directive.

The Commission has decided to refer Bulgaria, France, Luxembourg, the Netherlands, Poland, Spain and Sweden to the CJEU for failing to transpose the directive and to notify the corresponding national measures.

According to the Commission, the CER Directive aims to ensure the continued provision of services that are vital for EU society and economy in key sectors such as energy, transport, health, water, banking and digital infrastructure. It requires Member States to conduct regular risk assessments to identify critical entities and ensure they implement appropriate measures to protect the uninterrupted provision of essential services.

The directive takes an all-hazards approach, covering both natural and man-made risks, including terrorist attacks, cyber threats, criminal infiltration and sabotage. Critical entities designated under the directive must regularly conduct risk assessments and take measures to ensure their resilience. The directive also sets out measures to support the identification and mitigation of cross-border risks.

The CER Directive forms part of broader efforts to strengthen the EU's ability to withstand systemic disruptions and ensure the continuity of essential services. Its timely transposition is considered essential to achieving this objective.

Member States were required to transpose the directive into national law by 17 October 2024. While most have notified full transposition, Bulgaria, France, Luxembourg, the Netherlands, Poland, Spain and Sweden have yet to do so.

The Commission sent letters of formal notice to these Member States in November 2024, followed by reasoned opinions in July 2025. In the absence of any notification of national transposing measures, the Commission is now referring the cases to the CJEU and requesting the imposition of financial sanctions.