Table of Contents
Executive Summary
As we reported previously, Directive 2024/1226 required Member States to incorporate into their national law new criminal offences to punish breaches of the restrictive measures adopted by the EU.
In view of the failure to comply with the obligation to transpose the aforementioned Directive, the Commission granted Spain, France and Austria an additional two-month deadline on Thursday to fully incorporate Directive 2024/1226 into their legal systems, the transposition deadline for which expired on 20 May last year.
The European Commission has warned that if non-compliance persists after the deadline has passed, it will proceed to take legal action, referring the case to the Court of Justice with the aim of seeking the imposition of financial penalties.
This request is not the first warning issued to Spain regarding this matter. In July 2025, the European Commission took action against Spain for failures in the transposition of the aforementioned directive.
In March 2025, the Spanish Council of Ministers approved a draft Organic Law introducing a new Title XXIII bis. However, despite the intention to comply and the efforts of the legislature, the text is currently under consideration by the Justice Committee, and the parliamentary process has not yet been completed. For European purposes, the mere approval of the draft cannot be equated with transposition.
Consequently, if the Organic Law introducing the aforementioned title into our Criminal Code is not finally adopted, Spain could face proceedings before the European Court of Justice for failing to fulfil its transposition obligation.
Legal outlook and implications
If Spain fails to overcome the parliamentary deadlock and does not duly transpose Directive 2024/1226, the Court of Justice of the European Union may impose a financial penalty of up to €15 million, comprising a lump-sum fine and a daily penalty payment for each day that passes without the directive being transposed.
******
Más información:
Lupicinio International Law Firm
C/ Villanueva 29
28001 Madrid
T: +34 91 436 00 90
