— last modified 07 February 2024
In its regular package of infringement decisions, the European Commission pursues legal action against EU Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
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The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 46 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
For more information on the EU infringement procedure, see the full Q&A. For more detail on the history of a case, you can consult the infringement decisions’ register.
1. Environment
Letters of formal notice
Waste: Commission calls on POLAND and PORTUGAL to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2023)2165) and Portugal (INFR(2023)2148) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive 2018/851/EU). The amended Directive sets legally binding targets for recycling and preparing municipal waste for reuse. It also requires Member States to improve their waste management systems and the efficiency of resource use. The deadline for Member States to transpose the amended Directive into their national legislation was 5 July 2020. The Commission has already initiated infringement procedures against seven other Member States (Bulgaria, Czechia, Estonia, Cyprus, The Netherlands, Austria, and Romania). It also appears that Poland and Portugal have not correctly transposed several provisions of the amended Directive. Poland has failed to correctly transpose provisions on the extended producer responsibility scheme, measures to ensure reuse or recycling of waste and food waste prevention, monitoring rules, and separate collection of waste and waste prevention programmes. Portugal has failed to correctly transpose provisions on end of waste status, some aspects of the requirements for extended producer responsibility schemes and the methodology to be used for measuring levels of food waste. The Commission is therefore sending a letter of formal notice to Poland and Portugal, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Wastewater: Commission calls on ESTONIA to improve its rules on industrial wastewater
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Estonia (INFR(2023)2180) for failing to transpose and to implement certain provisions of the Industrial Emissions Directive (Directive 2010/75/EU) and the Urban Waste Water Treatment Directive (Directive 91/271/EEC). Under the Industrial Emissions Directive, Member States must establish a permitting system for the relevant industrial installations and fix emission limit values for the discharge of industrial polluting substances. Under the Urban Wastewater Treatment Directive, Member States must regulate or authorise in advance, on a case-by-case basis, the possibility for industrial discharges to be collected and treated in urban wastewater systems. Estonia has not correctly transposed and implemented the provisions of the two directives which regulate the industrial discharges of polluting substances into water via urban wastewater collecting and treatment systems. The Commission is therefore sending a letter of formal notice to Estonia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Wastewater: Commission calls on IRELAND to comply with the Urban Wastewater Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2023)2178) for failing to fully comply with the obligations set in the Urban Waste Water Treatment Directive (Directive 91/271/EEC). The Directive aims to protect health and the environment by requiring that urban wastewater is collected and treated before discharge. Untreated wastewater can put human health at risk and pollute lakes, rivers, soil, coastal, and groundwater. In Ireland, in eight agglomerations with a population of more than 2,000 people, urban waste waters are not properly treated before being discharged. A further three agglomerations with a population of more than 10,000 are discharging wastewater in sensitive areas without the more stringent treatment as required by the Directive. The Commission is therefore sending a letter of formal notice to Ireland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Industrial Emissions: Commission calls on POLAND to fully transpose EU legislation on industrial emissions
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2023)2173) for failing to address shortcomings in the transposition of the Industrial Emissions Directive (Directive 2010/75/EU). Industrial activities have a significant impact on the environment and health. The Industrial Emissions Directive lays down rules designed to prevent and reduce harmful industrial emissions into air, water, and land, as well as prevent the generation of waste. Polish legislation does not correctly transpose several provisions of the Directive, including some crucial definitions, rules on permit conditions for integrated permits and permits for waste incineration and co-incineration plants, provisions on emission limit values, and environmental quality standards. Moreover, rules concerning public information and access to justice have not been correctly transposed, which hinders public participation in the decision-making process as regards industrial emissions. Many technical requirements in the Annexes of the Directive have also not been correctly transposed. The Commission is therefore sending a letter of formal notice to Poland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Nature: Commission calls on ITALY to implement the Habitats Directive and prevent bycatch of marine and seabird species
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2023)2181) for failing to implement the measures required under the Habitats Directive (Directive 92/43/EEC) to monitor and prevent bycatch of cetaceans, turtles and seabirds by fishing vessels. The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Italy has not established a system to monitor the incidental capture and killing of protected species, such as the bottlenose dolphin and the loggerhead turtle, both strictly protected under the Habitats Directive. Italy has also not carried out further research and take conservation measures to ensure that incidental captures and killings do not have a significant negative impact on the population of the protected species. In addition, Italy has failed to take appropriate steps to avoid significant disturbance of several marine and seabird species such as the Scopoli’s shearwater, the Yelkouan shearwater, the European storm petrel and the Mediterranean shag in the Natura 2000 sites designated for their conservation. Furthermore, Italy has failed to monitor the conservation status of several protected species. The Commission is therefore sending a letter of formal notice to Italy, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Nature: Commission calls on ITALY to comply with rules on hunting, particularly on the use of lead in ammunition
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2023)2187) for failing to comply with the Birds Directive (Directive 2009/147/EC) and the REACH Regulation (Regulation 1907/2006/EC as amended by Regulation 2021/57/EU) because of changes introduced in the Italian hunting rules. The Birds Directive aims to protect all naturally occurring wild bird species present in the EU and their habitats. The REACH Regulation, as amended by Regulation 2021/57/EU, restricts the use of lead-containing gunshot in or near wetlands to protect water birds, the environment, and human health. The Commission has found that several pieces of Italian legislation are not in conformity with this EU legislation. In breach of the Birds Directive, Italian legislation grants regions the power to authorise the killing or capture of species of wild fauna, even in areas where hunting is prohibited, such as protected areas, and during the period of the year when hunting is prohibited. Moreover, Italian legislation does not comply with the provisions of the REACH Regulation, as amended on the use of lead in gunshot. The Commission is therefore sending a letter of formal notice to Italy, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Aarhus Convention: Commission calls on the NETHERLANDS and SLOVAKIA to ensure broad access to justice in environmental matters
The European Commission decided to open infringement procedures by sending letters of formal notice to the Netherlands (INFR(2023)2149) and Slovakia (INFR(2023)2177) for failing to fully implement the requirements of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention). National law must be clear and precise regarding the possibility of challenging environmental acts before courts. The Commission is committed to strengthening environmental rule of law and ensuring that laws are widely understood, respected, and enforced. To this end, a very important element is ensuring that citizens and civil society can ask the national courts to verify legal compliance. In its national legislation, Slovakia does not ensure with clarity and precision that members of the public can challenge before a court all decisions or omissions of national authorities falling within the scope of EU environmental law. These can be acts of individual nature – such as granting or refusing a permit – or of general scope – such as the adoption of a plan or programme. In the case of the Netherlands, although appeal is possible against such acts, it is not sufficiently clear in the legislation to which court an appeal can be made (administrative or civil). In both the Netherlands and Slovakia, the decisions or omissions of the authorities relate to the Habitats Directive, the Birds Directive, the Waste Framework Directive, and the Water Framework Directive. The Commission is therefore sending a letter of formal notice to Slovakia and the Netherlands, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Additional letter of formal notice Article 260 TFEU
Air: Commission calls on FRANCE to comply with the ruling of the Court of Justice of the European Union on air quality
Today, the European Commission decided to send an additional letter of formal notice to France (INFR(2015)2074) for failing to implement the Court of Justice’s judgment of 24 October 2019 (C-636/18) on non-compliance with the Ambient Air Quality Directive (Directive 2008/50/EC). The European Green Deal, with its zero pollution ambition, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of the air quality standards set out in EU legislation is key to protecting human health and safeguard the natural environment. The Ambient Air Quality Directive requires Member States to keep the concentrations of specific pollutants in the air, like nitrogen dioxide (NO2), below certain limit values. In case these limit values are exceeded, Member States must adopt air quality plans to keep the exceedance period as short as possible. In its judgment, the Court of Justice ruled that France had breached its obligations under the Ambient Air Quality Directive as the annual NO2 limit value had systematically been exceeded in 12 air quality zones and the daily NO2 limit value in two of those zones, since 2010. Since the ruling, France has taken some measures and new air quality plans have been adopted in some air quality zones to strengthen existing actions. However, France has still not complied with the Court of Justice ruling with respect to annual NO2 limit values in four air quality zones – Paris, Lyon, Strasbourg, and Marseille-Aix. 14 years after the deadline set in the Directive and more than four years after the Court of Justice’s ruling, the measures adopted so far have not effectively addressed the issue. To take into account the additional measures taken by France, the most up-to-date monitoring data and the recent case-law of the Court, the Commission is sending an additional letter of formal notice to France. France now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to refer France back to the Court of Justice of the European Union, with a request to impose financial penalties.
Reasoned opinions
Waste: Commission calls on ROMANIA to close and rehabilitate illegal landfills
Today, the European Commission decided to send a reasoned opinion to Romania (INFR(2020)2276) for failing to fully comply with the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC). The Landfill Directive requires Member States to take the necessary measures to close and rehabilitate a landfill which has not been granted a permit. Under the Waste Framework Directive, Member States must recover and dispose of waste in a manner that does not endanger human health and the environment, prohibiting the abandonment, dumping or uncontrolled disposal of waste. Romania’s Accession Treaty gave authorities until 16 July 2017 to comply with these rules with respect to 101 landfills. As this obligation was not fully respected, the Commission sent a letter of formal notice to Romania in October 2020. So far, Romania has closed and rehabilitated 92 landfills. The timeline for the closure and rehabilitation of the remaining nine landfills is 2026-2028 for five of them and is uncertain for the remaining four. Therefore, the Commission has decided to issue a reasoned opinion to Romania, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Marine Environment: Commission calls on DENMARK, GREECE, CROATIA and MALTA to protect their marine waters
Today, the European Commission decided to send reasoned opinions to Denmark (INFR(2022)2174), Greece (INFR(2022)2176), Croatia (INFR(2022)2177) and Malta (INFR(2022)2181) to comply with reporting obligations under the Marine Strategy Framework Directive (Directive 2008/56/EC). The Directive aims to achieve a good environmental status of the EU’s seas and oceans while ensuring that their resources are managed sustainably. The European Green Deal, with its zero pollution ambition, calls for air, water and soil pollution to be reduced, by 2050, to levels no longer considered harmful to human health and natural ecosystems, thereby creating a toxic-free environment and enhancing collective resilience. Under the Directive, Member States were required to review and update their programmes of measures by 31 March 2022. These programmes are the cornerstones of the Directive as they identify the measures which need to be taken to achieve or maintain good environmental status in the marine environment and ensure that the implementation of these measures is monitored. Several Member States failed to submit reports on the updates of their programmes of measures to the Commission by the required deadlines. For this reason, the Commission sent a letter of formal notice to the Member States concerned in February 2023. Some Member States have since adopted and reported their programmes of measures. However, Denmark, Greece, Croatia, and Malta have so far failed to do so. Therefore, the Commission has decided to issue a reasoned opinion to these Member States which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Industrial Emissions: Commission calls on AUSTRIA to fully transpose EU legislation on industrial emissions
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2020)2094) for failing to bring its national legislation on industrial emissions in line with EU rules. Industrial activities have a significant impact on the environment and health. The Industrial Emissions Directive (Directive 2010/75/EU) lays down rules designed to prevent and reduce harmful industrial emissions into air, water and land, as well as prevent the generation of waste. The European Green Deal, with its zero pollution ambition, calls for air, water and soil pollution to be reduced, by 2050, to levels no longer considered harmful to human health and natural ecosystems, thereby creating a toxic-free environment and enhancing collective resilience. The Commission sent a letter of formal notice in May 2020 and an additional letter of formal notice in June 2022. Since then, Austria has adopted additional measures. However Austrian legislation still does not correctly transpose some definitions, permit conditions and technical requirements, as well as rules when permit conditions are breached. Moreover, the Directive’s rules concerning public information and access to justice have not been correctly transposed, hindering public participation in decision-making. Therefore, the Commission has decided to issue a reasoned opinion to Austria, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Nature: Commission calls on SWEDEN to protect harbour porpoise from bycatch
Today, the European Commission decided to send a reasoned opinion to Sweden (INFR(2020)4037) for failure to fulfil obligations under the Habitats Directive (Directive 92/43/EEC) with regard to the harbour porpoise, a marine mammal in the dolphin family. The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Harbour porpoise is a strictly protected species according to the Habitats Directive. Sweden has not taken measures to ensure that incidental capture and killing does not have a significant negative impact on this protected species. In addition, Sweden has failed to take appropriate steps to avoid significant disturbance of this marine species in Natura 2000 sites designated for their conservation. Furthermore, Sweden did not correctly transpose the provisions of the Habitats Directive on the prohibition of significant disturbance of species in Natura 2000 sites and on surveillance and measures regarding incidental capture. In July 2020, the Commission sent a letter of formal notice to Sweden. Since harbour porpoises are still not protected in Sweden to the requisite legal standard, the Commission has decided to issue a reasoned opinion to Sweden, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Waste: Commission decides to refer SPAIN to the Court of Justice of the European Union for failure to apply the waste management requirements
Today, the European Commission decided to refer Spain (INFR(2015)2192) to the Court of Justice of the European Union for failure to comply with the requirements of the Waste Framework Directive (Directive 2008/98/EC). The Waste Framework Directive requires Member States to take all necessary measures to ensure that waste management does not endanger human health or harm the environment. Member States also need to ensure that waste is safely disposed of, and that original waste producers treat the waste themselves or ensure that the treatment is properly handled. Spain has failed to take the necessary measures to comply with these requirements of the Waste Framework Directive. The persistence of, at least, 195 illegal landfills that have not yet been closed, sealed and restored since 2008 is causing significant harm to the environment while endangering human health. It also shows that Spain has failed to fulfil its scrutiny, inspection and enforcement duties concerning waste dumping. This creates health and environmental hazards, which the European Green Deal aims to address. The Commission sent a letter of formal notice to Spain in December 2015, followed by a reasoned opinion in November 2018. Despite some progress, the Spanish authorities have not fully addressed the shortcomings. The Commission considers that efforts by the Spanish authorities have to date been insufficient and is therefore referring Spain to the Court of Justice of the European Union. More information is in the press release.
Nature: Commission decides to refer PORTUGAL back to the Court of Justice of the European Union for failure to comply with previous judgment on conservation of Natura 2000 sites
Today, the European Commission decided to refer Portugal (INFR(2015)2002) back to the Court of Justice of the European Union for failure to comply with the Court’s judgment of 5 September 2019 in case C-290/18. In its judgment of 5 September 2019, the Court of Justice ruled that Portugal had failed to designate 61 Sites of Community Importance (SCIs) as Special Areas of Conservation (SACs), as required by the Habitats Directive (Directive 92/43/EEC). The Court of Justice also declared that Portugal had failed to adopt the necessary conservation measures for those sites. Following the judgment of the Court, Portugal formally designated the 61 sites concerned as SACs by adopting a dedicated decree. However, this designation is not sufficient to comply with the judgment as Portugal also needs to adopt conservation objectives and measures to comply with the judgment. Therefore, the Commission has decided to refer this case back to the Court of Justice of the European Union. This second referral to the Court may result in financial penalties for the time elapsed from the first judgment until achieving compliance. More information is in the press release.
Water and floods: Commission decides to refer BULGARIA, IRELAND, SPAIN, MALTA, PORTUGAL and SLOVAKIA to the Court of Justice of the European Union for failure to finalise review of their water plans
Today, the European Commission decided to refer Bulgaria (INFR(2022)2189), Ireland (INFR(2022)2185), Spain (INFR(2022)2192), Malta (INFR(2022)2195), Portugal (INFR(2022)2197) and Slovakia (INFR(2022)2187) to the Court of Justice of the European Union for failure to finalise the revision of their river basin management plans, as required under the Water Framework Directive (Directive 2000/60/EC) and/or of their flood risk management plans as required under the Floods Directive (Directive 2007/60/EC). The Water Framework Directive focuses on ensuring good qualitative and quantitative health of European water bodies, such as rivers and lakes. It aims to reduce and remove pollution as well as ensure that there is enough water to support at the same time human needs and wildlife. It is an essential part of the European Green Deal and necessary to reach its climate, nature, and pollution reduction targets. Compliance with the Floods Directive is critical for preparedness and management of floods. The Commission sent letters of formal notice in February 2023, followed by reasoned opinions in September 2023 to all countries that had failed to update and review these plans. Despite some progress, six countries still fail to comply with their obligations under either or both Directives. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria, Ireland, Spain, Malta, Portugal, and Slovakia to the Court of Justice of the European Union. More information is in the press release.
2. Internal Market, Industry, Entrepreneurship and SMEs
Letter of formal notice
Free movement of services for lawyers and law firms: Commission asks CROATIA to comply with its obligations under EU law
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Croatia (INFR(2023)2189) for non-compliance of national legislation with EU rules facilitating free movement of lawyers and law firms across the Union. Those rules make it easier for professionals and professional companies to provide their services in different Member States, whilst guaranteeing an adequate level of protection for consumers and citizens. In particular, the Commission considers that Croatian rules fail to comply with the Lawyers Directive, the Services Directive and with the principle of freedom of establishment by: i) prohibiting EU law firms from setting up a subsidiary in Croatia whereas such possibility is offered to Croatian law firms; ii) obliging lawyers practicing in Croatia to be members of only one law firm; iii) setting high, discriminatory and disproportionate first registration fees to the Bar; iv) disproportionately restricting law firms to communicate on their activities via social networks and websites; and v) requiring EU lawyers wanting to work in a branch of their law firms in Croatia to have an employment relationship with their law firm. The Commission is therefore sending a letter of formal notice to Croatia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
3. Migration, Home Affairs and Security Union
Reasoned opinions
Terrorist Content Online: Commission calls on ESTONIA, IRELAND, LUXEMBOURG, POLAND and PORTUGAL to fulfil the obligations of the Regulation on dissemination of terrorist content online
Today, the European Commission decided to send reasoned opinions to Estonia (INFR(2022)2117), Ireland (INFR(2022)2121), Luxembourg (INFR(2022)2124), Poland (INFR(2022)2128), Portugal (INFR(2022)2129), for failing to comply with certain obligations from the Regulation on the dissemination of terrorist content online (TCO Regulation). The TCO Regulation sets rules to ensure that hosting service providers, that make users’ content available to the public, address the misuse of their services for the dissemination of terrorist content online. The Regulation, which entered into force on 7 June 2022, provides for penalties for breaches and includes safeguards to protect fundamental rights. Hosting service providers must remove terrorist content upon receiving a removal order from Member States’ authorities within one hour and must take measures when their platforms are exposed to terrorist content. The Commission considers that Estonia, Ireland, Luxembourg, Poland and Portugal have failed to comply with one or more obligations under the Regulation on the dissemination of terrorist content online, such as the requirement to designate the authority or authorities responsible for issuing removal orders and notify the Commission of those authorities; to name a public contact point and to lay down the rules and measures on penalties in case of non-compliance with legal obligations.
Therefore, the Commission has decided to issue a reasoned opinion to these Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
4. Justice
Letters of formal notice
Rule of Law: Commission decides to launch infringement procedure against HUNGARY for violating EU law on the Defence of Sovereignty
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)2001) for violations of EU law. This decision follows a thorough assessment by the Commission of the new law on the Defence of National Sovereignty, which was adopted by the Hungarian Parliament on 12 December 2023 and has been in force since 22 December 2023. The Law establishes the so-called Office for the Defence of Sovereignty, tasked with investigating specific activities carried out in the interest of another State or a foreign body, organisation or natural person, if they are likely to violate or jeopardise the sovereignty of Hungary; and organisations whose activities using foreign funding may influence the outcome of elections or the will of voters. It also contains provisions and amendments to existing Hungarian legislation that prohibit candidates, political parties and associations participating in elections from using foreign funding to influence or attempt to influence the will of voters for the elections in question, and to punish under criminal law the use of foreign funding in the context of elections. The Commission considers that the Hungarian legislation at stake violates several provisions of primary and secondary EU law, among others the democratic values of the Union; the principle of democracy and the electoral rights of EU citizens; several fundamental rights enshrined in the EU Charter of Fundamental Rights, such as the right to respect for private and family life, the right to protection of personal data, the freedom of expression and information, the freedom of association, the electoral rights of EU citizens, the right to an effective remedy and to a fair trial, the privilege against self-incrimination and the legal professional privilege; the requirements of EU law relating to data protection and several rules applicable to the internal market. Hungary has two months to reply to the letter of formal notice. If it does not address the grievances identified by the Commission, the Commission may decide to send a reasoned opinion as the next step in the infringement procedure.
Procedural rights: Commission calls on BULGARIA and PORTUGAL to fully transpose the EU rules on procedural safeguards for children in criminal proceedings
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2023)2091) and to send an additional letter of formal notice to Bulgaria (INFR(2019)0164) for failing to fully transpose into its national law the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800). The Directive on procedural safeguards for children in criminal proceedings is part of the EU’s comprehensive strategy to guarantee common minimum standards for the fair trial, rights of suspects and accused persons across the EU. It enshrines key rights for children in criminal proceedings such as the right to an individual assessment, to specific treatment in case of deprivation of liberty (such as separation from adult detainees and access to training and education) and to be accompanied by the holder of parental responsibility during the proceedings. The Commission considers that Portugal failed to transpose the Directive’s requirements regarding the right to information, the right to a medical examination, specific treatment in the case of deprivation of liberty, training of law enforcement and detention facilities staff who handle cases involving children and the attribution of costs resulting from the application of certain rights enshrined in the Directive. As regards Bulgaria, the Commission considers that it failed to transpose the Directive’s requirements regarding definitions of key requirements: the right to information, the right to have the holder of parental responsibility informed about the child’s rights, the right to an individual assessment and the right to a medical examination. Therefore, the Commission has decided to send a letter of formal notice to Portugal and an additional letter of formal notice to Bulgaria. The Member States now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Reasoned opinions
European Arrest Warrant: Commission urges GREECE and SWEDEN to comply with cross-border judicial procedures on surrendering a requested person
Today, the European Commission decided to send an additional letter of formal notice to Sweden (INFR(2020)2362) and a reasoned opinion to Greece (INFR(2021)2003), for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA). The European Arrest Warrant (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States. The Commission first sent a letter of formal notice to Sweden in February 2021 and to Greece in June 2021. On analysis of their replies, the Commission concluded that Sweden had failed to correctly transpose the provision on the situation and the hearing of the person pending the decision while Greece had failed to correctly transpose the provisions on the optional grounds for refusal and the guarantees to be given by the issuing judicial authority and transit. Greece and Sweden now have two months to reply and to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send Sweden a reasoned opinion and to refer Greece to Court.
Referral to the Court of Justice
Procedural rights: Commission decides to refer BELGIUM and LUXEMBOURG to the Court of Justice of the European Union for not fully granting the right of access to a lawyer and communication upon arrest
The European Commission decided to refer Belgium (INFR(2021)2106) and Luxembourg (INFR(2021)2139) to the Court of Justice of the European Union for failing to correctly transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). On 23 September 2021, the Commission sent a letter of formal notice to Belgium concluding that the following parts of this Directive had not been transposed correctly: the right of a minor to have access to a lawyer in a concrete and effective manner; derogation from the right of access to a lawyer due to geographical remoteness; and derogations from the right of access to a lawyer in criminal proceedings. On 14 July 2023, the Commission followed up with a reasoned opinion. On 12 November 2021, the Commission sent a letter of formal notice to Luxembourg concluding that parts related to the ex officio information of the holder of parental responsibility or other appropriate adult about the deprivation of liberty of a child and derogations from it, were not correctly transposed. On 1 June 2023, the Commission sent a reasoned opinion. Since the reply to the reasoned opinion from Belgium and Luxembourg did not provide proof of correct transposition of the directive, the Commission has decided to refer Belgium and Luxembourg to the Court of Justice of the European Union. More information is in the press release.
5. Energy
Letter of formal notice
Security of energy supply: Commission calls on BULGARIA to fully comply with Security of Gas Supply Regulation
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2023)2190) for failing to comply with the obligations to notify certain information to the Commission set out in the EU Regulation to safeguard security of gas supply (Regulation (EU) 2017/1938). Under the EU Security of Gas Supply Regulation, Member States are obliged to establish a preventive action plan containing the measures needed to remove or mitigate the identified risks to gas supply; and an emergency plan containing the measures to be taken to remove or mitigate the impact of a disruption of gas supply. These plans are to be updated, made public and notified to the Commission every four years. The first update was due on 1 March 2023. To date, Bulgaria has not yet notified its updated Preventive Action Plan and Emergency Plan. The Commission considers that Bulgaria failed to fulfil its obligations under the Security of Gas Supply Regulation and is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion to Bulgaria.
Reasoned opinion
Renewable energy: Commission urges BELGIUM to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2021)0145) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an overall EU-level binding target for 2030 of at least 32% of energy from renewable sources in the Union’s gross final consumption of energy. The Directive provides supportive measures for renewable energy to be cost-effective and simplifies administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the clean energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to Belgium for failure to communicate the full transposition of the Directive. To date, Belgium has only partially transposed the Directive. Therefore, the Commission has decided to issue a reasoned opinion to Belgium, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
6. Taxation and Customs Union
Letter of formal notice
Taxation: Commission calls on GREECE to remove the excise duty exemption for tax-free shops at land borders with non-EU countries
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2020)2268) for failing to comply with the EU rules on general arrangements for excise duty. Greece exempts from excise duty goods supplied by tax-free shops located at its land borders with Albania, North Macedonia, and Türkiye. Until January 2017, the Directive allowed Member States which held tax-free shops located outside an airport or port on 1 July 2008 to use such exemption. Despite this no longer being permitted under EU legislation, Greece continues to use this exemption. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinion
Taxation: Commission calls on GERMANY to comply with EU VAT rules regarding private tuition services
Today, the European Commission decided to send a reasoned opinion to Germany (INFR(2015)2011) for not properly applying EU rules on exempting private tuition services from VAT as laid out in the VAT Directive and clarified by the Court of Justice of the European Union. This Directive requires Member States to exempt from VAT private tuition covering school or university education. Member States may provide for further conditions only to ensure the correct and straightforward application of this exemption and to prevent tax evasion, avoidance, or abuse. They must exercise this discretion in such a way as to ensure that the taxpayer entitled to the VAT exemption can effectively benefit from it. In Germany, private teachers must present a certificate for the VAT exemption to apply. The certificate is to be issued by the competent authority of the German ‘Land’ and must certify that the tuition services are in preparation for a profession or for an examination to be taken before a legal person governed by public law. This does not comply with EU law as interpreted by the Court of Justice of the European Union. For this reason, Germany is considered as failing to fulfil its obligations under the VAT Directive. Therefore, the Commission has decided to issue a reasoned opinion to Germany, which now has two months to respond and take the necessary measures. Otherwise, the Commission may refer the case to the Court of Justice of the European Union.
7. Jobs and social rights
Letters of formal notice
Working conditions: The Commission calls on DENMARK and PORTUGAL to incorporate the Directive on working time in inland waterways transport into national law
The European Commission decided to open two infringement procedures by sending letters of formal notice to Denmark (INFR(2023)2175) and Portugal (INFR(2023)2174) for failing to incorporate the Directive on working time in inland waterways transport (Directive 2014/112/EU) into national law. In November 2023, the Commission also issued letters of formal notice to Greece, Cyprus and Malta for failing to communicate measures incorporating the Directive into national law. These rules implement a social partners agreement that regulates certain aspects of working time for persons employed onboard of vessels in the inland waterway transport sector. In particular, the agreement regulates the duration of daily and weekly working time, rest periods, breaks, maximum working time during night-time, and annual leave. Denmark and Portugal did not communicate any measures to transpose these rules to the Commission. The Commission is therefore sending a letter of formal notice to Denmark and Portugal, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
8. Defence
Letter of formal notice
The Commission calls on Czechia to comply with the Defence Procurement Directive
Today, the Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)4017) for a breach of its obligations under Directive 2009/81/EC (the ‘Defence Procurement Directive’) and under the Treaty of the Functioning of the European Union (TFEU) in relation to the procurement of military helicopters.
The Defence Procurement Directive aims at enhancing transparency and openness within the European Defence Equipment Market (EDEM) and at providing a level playing field for European companies while ensuring that the security interests of the Member States are protected. The Commission considers that the procurement procedure and conditions applied by Czechia to award the contract did not comply with the Defence Procurement Directive and with Treaty-based principles. The breach relates to the circumvention of the Defence Procurement Directive on the organisation of competitive tendering, by misusing the exemption on government-to-government contracts provided in that Directive. The direct award of the contract also breaches the Treaty principles of non-discrimination, equal treatment, and transparency by depriving EU companies from the possibility to submit offers and effectively compete for the contract. The breach also relates to the Czech authorities’ request for industrial participation of Czech companies in the contract. Restrictive measures imposing obligations on foreign suppliers to cooperate only with domestic companies breach basic principles of the Treaty. It discriminates against economic operators, goods and services from other Member States and impedes the free movement of goods and services and/or the right of establishment in the internal market. The Commission is therefore sending a letter of formal notice to Czechia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
9. Financial Services
Letters of formal notice
Financial markets: Commission urges GREECE, SLOVENIA and SLOVAKIA to complete its transposition of the Directive on markets in financial instruments
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2023)2184), Slovenia (INFR(2023)2185) and Slovakia (INFR(2023)2186) for the incomplete transposition into national law of amendments to the Directive on markets in financial instruments. The amendments replace the definition of ‘financial instrument’ under Article 4(1), point (15) of the Directive 2014/65/EU. The transposition deadline was on 23 March 2023. The Commission is therefore sending a letter of formal notice to Greece, Slovenia, and Slovakia, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Retail financial services: Commission calls on FRANCE to correctly transpose the Mortgage Credit Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR (2023)2164) for incorrect transposition of the Mortgage Credit Directive (Directive 2014/17). The purpose of the Mortgage Credit Directive is to create an efficient and competitive single market for consumers, creditors, and credit intermediaries with a high level of consumer protection in the field of mortgage credit.
France notified a complete transposition of the Directive, but it did not correctly transpose the aspects of the Directive relating to the freedom to provide services and the freedom of establishment of credit intermediaries established and authorised in other Member States. The Directive requires that such credit intermediaries can offer their services on a cross-border basis or by establishing a branch in France within a specific time frame. They can do so based on their authorisation in their home Member State and irrespective of any registration by the French authorities. The Directive also requires that their supervision is in principle carried out by the competent authorities of the home Member State and that supervision by French authorities needs to be limited in line with the Directive. Furthermore, the remuneration of the staff of creditors, credit intermediaries or appointed representatives providing advisory services must not be at any manner contingent on sales targets. The Commission considers that France has failed to correctly transpose these aspects of the Mortgage Credit Directive.
The Commission is therefore sending a letter of formal notice to France, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinion
Audit: Commission calls on ITALY to correctly transpose the Audit Directive
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2022)2218) for incomplete transposition of the Audit Directive (Directive 2014/56/EU).
In order to enhance the transparency of auditor oversight and to allow for greater accountability, the Audit Directive requires Member States to designate only one competent authority to be ultimately responsible for oversight tasks in the field of statutory audit on annual accounts and consolidated accounts. The Italian legislation provides for two different authorities which partially share certain relevant oversight tasks without expressly designating one bearing ultimate responsibility.
The Commission considers that the Italy has failed to correctly transpose the relevant provision of the Audit Directive.
Italy has two months to reply and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union.
Source: European Commission
