Judgment_paragraph 4 · European Commission v Hungary (C-499/23)

4Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ 2008 L 345, p. 75), which applies in the case ratione temporis, was repealed with effect from 18 October 2024 by Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ 2022 L 333, p. 164). Recitals 3 and 5 of Directive 2008/114 stated as follows:(3) In December 2005 the Justice and Home Affairs Council called upon the Commission to make a proposal for a European programme for critical infrastructure protection (“EPCIP”) and decided that it should be based on an all-hazards approach while countering threats from terrorism as a priority. Under this approach, man-made, technological threats and natural disasters should be taken into account in the critical infrastructure protection process, but the threat of terrorism should be given priority.…(5) This Directive constitutes a first step in a step-by-step approach to identify and designate [European Critical Infrastructures] and assess the need to improve their protection. As such, this Directive concentrates on the energy and transport sectors and should be reviewed with a view to assessing its impact and the need to include other sectors within its scope, inter alia, the information and communication technology (“ICT”) sector.’