The Deadline Passed on 17 October 2024
- Member States were required to transpose NIS2
- the deadline was 17 October 2024
- not every Member State had notified full transposition
- the Commission then moved into infringement procedures
November 2024: Formal Notices to 23 Member States
- 28 November 2024
- 23 Member States received letters of formal notice
- the issue was failure to fully transpose NIS2
- countries were given an opportunity to respond and complete transposition
May 2025: Reasoned Opinions to 19 Member States
- 7 May 2025
- 19 Member States remained at the reasoned-opinion stage
- a reasoned opinion is a later infringement step
- Member States were again given time to take the necessary measures
July 2026: Four Countries Referred to the Court of Justice
- 8 July 2026
- Ireland
- Spain
- France
- the Netherlands
- failure to notify complete transposition
- Commission requested financial sanctions
A Court Referral Is Not the Same as a Final Judgment
- Commission referral starts Court proceedings
- do not describe referral as a final ruling
- implementation can change while proceedings continue
- national laws should be checked separately
What Organisations Should Do While Implementation Evolves
- identify the relevant Member State
- check current national law
- check competent-authority guidance
- record registration position
- document scope and classification
- record the date of the legal review
- monitor later implementation changes
Frequently asked questions
Did missing the transposition deadline cancel NIS2?
No. NIS2 remained in force as an EU Directive. The post-deadline issue was whether individual Member States had fully transposed and notified the required national measures.
How many Member States received formal notices after the deadline?
The European Commission sent letters of formal notice to 23 Member States on 28 November 2024 for failing to fully transpose NIS2.
Which countries were referred to the Court of Justice in July 2026?
The Commission announced referrals involving Ireland, Spain, France and the Netherlands on 8 July 2026 for failure to notify complete transposition.
Related NIS2 guidance
Official sources
This general editorial guidance does not determine
your organisation's legal obligations. Review current
official sources, applicable national law and guidance
from the relevant competent authority.