Commission Opens Infringement Proceedings Over Anti-SLAPP Directive Transposition

On 15 July 2026, the European Commission decided to open infringement proceedings against 14 Member States for failing to communicate the complete transposition of Directive (EU) 2024/1069 on the protection of persons engaging in public participation against manifestly unfounded claims or abusive court proceedings (the ‘Anti-SLAPP Directive’).

Letters of formal notice have been addressed to Bulgaria, Czechia, Germany, Ireland, Greece, Spain, Italy, Luxembourg, Hungary, the Netherlands, Austria, Portugal, Romania and Slovakia.

As already noted on this blog, Member States were required to transpose the Directive by 7 May 2026. According to the Commission, the Member States concerned have not yet communicated complete transposition measures.

The letters of formal notice constitute the first stage of the infringement procedure under Article 258 TFEU. The Member States concerned now have two months to submit their observations and notify the Commission of the measures adopted to ensure full compliance with the Anti-SLAPP Directive. In the absence of a satisfactory response, the Commission may decide to proceed by issuing a reasoned opinion.

The European Commission’s press release is available here.

Readers may also be interested in the activities of the EAPIL Working Group on Anti-SLAPP Directive Transpositions, which monitors the implementation of the Directive across the Member States.