Brussels, 25 July 2024
Overview by policy area
In its regular package of infringement decisions, the European Commission pursues legal action against 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.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 72 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.
Environment
Letters of formal notice
The Commission calls on the NETHERLANDS, AUSTRIA and SLOVENIA to comply with the Water Framework Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to the Netherlands (INFR(2022)2161), Austria (INFR(2024)2162) and Slovenia (INFR(2024)2170) for failing to comply with the Water Framework Directive (Directive 2000/60/EC). The Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. These measures must be included in the river basin management plans which must be established and reported to the Commission every six years. Each programme of measures must include basic measures to control different types of water abstraction, impoundment, point source discharge, diffuse sources liable to cause pollution, and any other significant adverse impacts on water quality. Member States are required to periodically review and update these controls, including any water permits granted for these purposes. Sustainable water management is a core element of the European Green Deal. In the Netherlands, permits for abstraction of water or discharges into water may be granted for an unlimited duration and no periodic review is required. In addition, where authorisations are given under general rules, there is no periodic review either. In Austria, an assessment is performed before an extension or an issuance of a new permit, which can correspond to a period of 25 years for abstractions for irrigation and up to 90 years for other purposes. This period is too long to fulfil the purpose of a periodic review, and therefore does not achieve the objectives of the Directive. In Slovenia, national law does not provide clear rules for periodic reviews of permits or concessions for abstraction of water; of prior authorisations for point source discharges; and of generally applicable rules for diffuse discharges. The Commission is therefore sending letters of formal notice to the Netherlands, Austria and Slovenia, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
The Commission calls on the NETHERLANDS to better protect the meadow bird black-tailed godwit
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)4014) for failing to sufficiently implement measures required to protect the black-tailed godwit under the Birds Directive (Directive 2009/147/EC). 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. The Birds Directive is key to maintaining biodiversity and protects the 500 wild bird species naturally occurring in the EU and their habitats. In the Netherlands, many farmland bird species have been in steady decline for decades, primarily due to habitat loss and other threats, such as disturbance during the breeding season. In particular, voluntary schemes, including subsidies, have not been able to address the continuous decline of the black-tailed godwit – an iconic farmland bird. Authorities are required to take more effective measures, including, for example, classification and management of sites where the bird breeds in numbers. Such measures will likely also benefit other farmland bird species, such as the Lapwing or Oystercatcher, whose population numbers are also declining. The Commission is therefore sending a letter of formal notice to the Netherlands, 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.
The Commission calls on SLOVENIA to ensure broad access to justice in environmental matters
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovenia (INFR(2024)2051) 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 the courts. The Commission is committed to promoting environmental laws and to ensure that they are widely understood, respected, and enforced. To this end, a very important element is to ensure that citizens and civil society can ask the national courts to verify legal compliance. In its national legislation, Slovenia does not ensure the right to challenge before a court decisions or omissions of national authorities in the following environmental policy areas: nature protection, air quality, waste management, and water management. The Commission is therefore sending a letter of formal notice to Slovenia, 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.
The Commission calls on ITALY to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2024)2097) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851). The Waste Framework Directive is the EU’s framework legislation aiming to prevent or reduce the generation of waste, reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness. The amended Directive sets binding targets for recycling and preparing municipal waste for reuse. It also introduces requirements for 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 ten other Member States (Bulgaria, Czechia, Estonia, France, Cyprus, the Netherlands, Austria, Poland, Portugal, and Romania). The Commission has found that Italy has not correctly transposed several provisions of the amended Directive, including on extended producer responsibility, ensuring high quality recycling, separate collection of hazardous waste and the implementation of an electronic traceability system. 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.
The Commission calls on all Member States to meet waste collection and recycling targets
The European Commission decided to open an infringement procedure by sending letters of formal notice to all member states:
- Belgium (INFR(2024)2121),
- Bulgaria (INFR(2024)2128),
- Czechia (INFR(2024)2137),
- Denmark (INFR(2024)2138),
- Germany (INFR(2024)2122),
- Estonia (INFR(2024)2123),
- Ireland (INFR(2024)2130),
- Greece (INFR(2024)2132),
- Spain (INFR(2024)2147),
- France (INFR(2024)2141),
- Croatia (INFR(2024)2133),
- Italy (INFR(2024)2142),
- Cyprus (INFR(2024)2131),
- Latvia (INFR(2024)2144),
- Lithuania (INFR(2024)2143),
- Luxembourg (INFR(2024)2124),
- Hungary (INFR(2024)2134),
- Malta (INFR(2024)2135),
- Netherlands (INFR(2024)2125),
- Austria (INFR(2024)2120),
- Poland (INFR(2024)2126),
- Portugal (INFR(2024)2145),
- Romania (INFR(2024)2136),
- Slovenia (INFR(2024)2127),
- Slovakia (INFR(2024)2129),
- Finland (INFR(2024)2140)
- Sweden (INFR(2024)2146)
for failing to meet waste collection and recycling targets.
Based on the latest available data reported by Member States, all have failed to meet several waste collection and recycling targets laid down under the current EU waste legislation.
The Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851) sets legally binding targets for preparing for reuse and recycling of municipal waste. Bulgaria, Czechia, Denmark, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovakia, Finland, and Sweden failed to meet 50% target for 2020 of preparing for reuse and recycling of municipal waste (such as paper, metal, plastic and glass).
In parallel, the Packaging and Packaging Waste Directive (Directive 94/62/EC as amended by Directive (EU) 2018/852) applies to all packaging distributed within the European market and any resulting packaging waste, regardless of where it is used. By 31 December 2008, it required that between 55% and 80% of all packaging waste must be recycled. The established recycling goals for various materials include 60% for glass, 60% for paper and cardboard, 50% for metals, 22.5% for plastics, and 15% for wood but many of these targets were missed.
Furthermore, the Directive on Waste Electrical and Electronic Equipment (WEEE) (Directive 2012/19/EU as amended by Directive (UE) 2024/884) requires the separate collection and proper treatment of WEEE and sets targets for their collection, recovery and recycling. The minimum collection rate to be achieved annually by the Member States is 65% of the average weight of electrical and electronic equipment placed on the market in the three preceding years in the Member State concerned, or alternatively 85% of WEEE generated on the territory of that Member State.
The majority of Member States failed to collect sufficient WEEE separately and therefore missed the EU collection target. Member States should boost their implementation efforts in order to meet the abovementioned obligations. In that respect, Member States could rely on the country-specific recommendations identified in the 2023 Waste Early Warning Report. This will also help Member States to meet the forthcoming targets of 2025, 2030 and 2035, established by the recent amendments of the EU waste legislation. The Commission is therefore sending letters of formal notice to each of the 27 Member States which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
Letter of formal notice under Article 260 TFEU
The Commission calls on HUNGARY to comply with air quality standards
The European Commission decided to send a letter of formal notice under Article 260 TFEU to Hungary (INFR(2008)2193) for failing to comply with the judgment of the Court of Justice of the European Union of 3 February 2021 (C-637/18). In this ruling, the Court of Justice found that Hungary does not comply with the Ambient Air Quality Directive (Directive 2008/50/EC). The European Green Deal, with its zero pollution ambition, calls for full implementation of the air quality standards to effectively protect human health and safeguard the natural environment. The Ambient Air Quality Directive obliges Member States to keep the concentrations of specific pollutants in the air with significant health impacts, like PM10, below certain limit values. If these limit values are exceeded, Member States must adopt measures to keep the exceedance periods as short as possible. In February 2021, the Court of Justice ruled that Hungary had systematically and persistently exceeded the daily limit value for PM10 in three air quality zones since 2005 and had failed to take appropriate measures to ensure that the period of exceedances was kept as short as possible. Since the ruling, Hungary has made some progress in addressing the grievances and only one zone, the Sajó Valley, still remained non-compliant in 2022. However, in this zone, compliance is only expected by 2025 at the earliest, which does not address the severity of the issue as highlighted in the judgment. The Commission is therefore sending a letter of formal notice to Hungary, 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 refer Hungary to the Court of Justice of the European Union with a request to impose financial sanctions.
Reasoned opinions
The Commission calls on SLOVAKIA to ensure proper collection and treatment of urban waste water
Today, the European Commission decided to send a reasoned opinion to Slovakia (INFR(2021)2147) for failing to comply with obligations set in the Urban waste-water treatment Directive (Council Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water is collected and treated before discharge into the environment. Towns and cities are required to put in place the necessary infrastructure to collect and treat their urban waste water. Uncollected or untreated waste water can put human health at risk and pollute lakes, rivers, soil and coastal and groundwater. In Slovakia, six agglomerations have failed to provide a collecting system and to ensure that the urban waste water entering collecting systems is treated appropriately. These agglomerations should have been compliant by 31 December 2015. The Commission sent a letter of formal notice to Slovakia in December 2021. Slovak authorities responded to the concerns raised and reduced the number of non-compliant agglomerations from 19 to six. However, all concerns have not been fully addressed. Therefore, the Commission has decided to issue a reasoned opinion to Slovakia, 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.
The Commission calls on AUSTRIA to correctly transpose EU legislation on medium combustion plants
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2021)2088) for failing to correctly incorporate the Directive on limiting emissions of certain pollutants into the air from medium combustion plants (Directive (EU) 2015/2193) into its national legislation. This Directive aims to reduce air pollution by setting emission limit values on pollutants emissions from medium combustion plants. These plants are used for a wide variety of applications including electricity generation, domestic or residential heating and cooling, and providing heat or steam for industrial processes. They are a significant source of air pollution of sulphur dioxide, nitrogen oxide and dust. The European Green Deal, in particular the Zero Pollution Action Plan, put emphasis on cutting air, water and soil pollution, which is among the key factors affecting human health. The respect of the emission limit values and air quality standards laid out in EU legislation is key to effectively protect human health and safeguard the natural environment. The Commission decided to send a letter of formal notice to Austria in September 2021. Since then, Austria has adopted measures to improve the transposition of the Directive. However, despite the progress achieved, some regional regulations are still not fully compatible with the Directive. Remaining grievances relate in particular to the transposition of the Directive’s definition of ‘operator’, the requirement that no new medium combustion plant is operated without a permit or without being registered, and the requirement to suspend the operation of plants if their non-compliance causes a significant degradation of local air quality. 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.
The Commission calls on ROMANIA to improve its treatment of waste
Today, the European Commission decided to send a reasoned opinion to Romania (INFR(2020)2355) for failing to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive(EU)2018/851). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must take measures to ensure that only waste that has been subject to treatment is landfilled. 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. The Commission sent a letter of formal notice to Romania in November 2021 regarding shortcomings in five landfills, but also regarding Romania’s failure to establish an integrated and adequate network of waste management installations, considering the best available techniques. Having assessed the reply submitted by the Romanian authorities, and based on the recent data, the Commission has concluded that three landfills are still non-compliant, including a landfill located in Bucharest. It has also concluded that the capacity of installations for treatment of waste before landfilling in Romania is insufficient for mixed municipal waste and biowaste. Therefore, the Commission decided to send 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.
Referrals to the Court of Justice
The Commission decides to refer BELGIUM to the Court of Justice of the European Union for failing to take sufficient action on nitrate pollution
Today, the European Commission decided to refer Belgium (INFR(2022)2051) to the Court of Justice of the European Union for failing to take sufficient action on nitrate pollution in the Flemish region, as required by the Nitrates Directive (Council Directive 91/676/EEC). The Directive aims to protect surface and ground waters against nitrates pollution from agricultural sources. In recent years, pollution of ground and surface waters has worsened significantly in the Flemish region and these waters are amongst the most polluted in the European Union. Reports by the Flemish authorities clearly show that successive Flemish nitrate action programmes have failed to deliver results and, to date, pollution levels remain excessively high, posing a risk to humans and the environment. The Commission sent a letter of formal notice to Belgium in February 2023 calling on the Flemish authorities to take urgent action on nitrate pollution. This was followed by a reasoned opinion in September 2023. Almost five years after the need for urgent action was first recognised by the Belgian authorities, the Flemish region has still not taken the required action. Therefore, the Commission considers that efforts by the Belgian authorities have, to date, been insufficient and is therefore referring Belgium to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer GREECE to the Court of Justice of the European Union for failing to adequately collect and treat urban waste water
Today, the European Commission decided to refer Greece (INFR(2020)2021) to the Court of Justice of the European Union for failing to fully comply with the collection and treatment obligations set in the Urban waste-water treatment Directive (Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water is collected and treated before discharge into the environment. Towns and cities need to put in place the necessary infrastructure in order to collect and treat their urban waste water. The Commission sent a letter of formal notice to Greece in May 2020, followed by a reasoned opinion in December 2021. Despite some progress, the Greek authorities have not yet fully addressed the grievances. The Commission considers that efforts by the Greek authorities have, to date, been insufficient and is therefore referring Greece to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer FRANCE to the Court of Justice of the European Union for failing to comply with the Drinking Water Directive
Today, the European Commission decided to refer France (INFR(2020)2273) to the Court of Justice of the European Union for failing to comply with the maximum nitrate concentration in drinking water set in the Drinking Water Directive (Directive (EU) 2020/2184). The Drinking Water Directive aims to protect human health against the harmful effects of contaminated drinking water. In France, over a long period of time, the drinking water supplied to parts of the population exceeded the maximum nitrate concentration. This concerns 107 water supply zones in seven regions. The Commission sent a letter of formal notice to France in October 2020. This was followed by a reasoned opinion in February 2023. The Commission considers that efforts by the French authorities to fully addressed the grievances have, to date, been insufficient and is therefore referring France to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer FRANCE to the Court of Justice of the European Union for failing to adopt noise action plans
Today, the European Commission decided to refer France (INFR(2013)2006) to the Court of Justice of the European Union for failing to adopt noise action plans for all agglomerations and major roads as required under the Noise Directive (Directive 2002/49/EC). The Noise Directive identifies noise pollution levels and triggers the necessary action as a response, such as appropriate urban planning and noise protection measures. The Directive requires Member States to adopt maps showing noise exposure within major agglomerations, along main railway lines, main roads and around major airports. These maps serve as a basis for defining measures to reduce noise pollution in the noise action plans. They are key for informing the public about the levels of noise they are exposed to, so that they can verify themselves whether their authorities take sufficient action. The Commission sent a letter of formal notice to France in May 2013, an additional letter of formal notice in December 2017, followed by a reasoned opinion in September 2023. Despite some progress, the French authorities have not fully addressed the grievances. The Commission considers that efforts by the French authorities have, to date, been insufficient and is therefore referring France to the Court of Justice of the European Union. More information is in the press release.
Internal Market, Industry, Entrepreneurship, and SMEs
Letters of formal notice
The Commission asks IRELAND to comply with EU rules on construction products
Today, the European Commission decided to open an infringement procedure against Ireland (INFR(2024)4003) for not carrying out market surveillance as required by the Construction Products Regulation (Regulation (EU) 305/2011). The Construction Products Regulation requires authorities to monitor the manufacturing and placing on the market of construction products before they are used. According to the Commission’s findings, the Irish authorities limited their monitoring activities to finished buildings or finalised civil engineering projects. The limitation of market surveillance activities to on-site measures endangers the free circulation of safe construction products in the Union. Due to defective construction products, several thousand houses in Ireland suffered very serious damage. 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.
Reasoned opinions
The Commission asks BELGIUM and BULGARIA to correctly transpose the Proportionality Test Directive
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2023)2155) and a complementary reasoned opinion to Bulgaria (INFR(2021)2206) for failing to correctly transpose EU rules set out in the Proportionality Test Directive (EU) 2018/958. This Directive governs the proportionality assessment of new or amended rules restricting access to, or pursuit of, regulated professions. Systematically assessing the regulation of professions before adopting or amending legislation is crucial to prevent unjustified barriers in the single market. The Commission considers that Belgium and Bulgaria have not correctly transposed the Directive, in particular the requirement to ensure parliamentary initiatives and amendments effectively undergo a proportionality assessment. Therefore, the Commission has decided to send a reasoned opinion to Belgium and to send a complementary reasoned opinion to Bulgaria. Both Member States now have two months to respond and take necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
The Commission asks GREECE and POLAND to transpose EU rules on the common charger
Today, the European Commission has decided to issue reasoned opinions to Greece (INFR(2024)0041) and Poland (INFR(2024)0112) for failure to notify the required measures implementing the obligations under the Directive on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment (Directive(EU)2022/2380). This amendment of the Radio Equipment Directive (Directive 2014/53/EU) introduces a common charging solution. The common charging requirements will apply to all mobile phones, tablets, digital cameras, headphones, headsets, portable speakers, handheld videogame consoles, e-readers, earbuds, keyboards, mice, and portable navigation systems as of 28 December 2024. These requirements will also apply to laptops as from 28 April 2026. The deadline for transposition of the new Directive was 28 December 2023. Greece and Poland have still not notified their national measures transposing the Directive. Therefore, the Commission has decided to issue a reasoned opinion to the two Member States, which now have 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
The Commission decides to refer BELGIUM to the Court of Justice of the European Union for not complying with the Services Directive
Today, the European Commission decided to refer Belgium (INFR(2022)4120) to the Court of Justice of the European Union for not complying with the Services Directive (2006/123/EC). The Services Directive aims to ensure that service providers do not face unjustified barriers when they wish to provide their services cross-border from their home country. According to the Commission, the Belgian rules on financial guarantees required in the context of the selling of dwellings “in future state of completion” (buying on plan) create an unjustified obstacle for the provision of construction services. Belgian law requires that non-approved entrepreneurs provide a 100% financial guarantee, as opposed to only a 5% guarantee from approved contractors having gone through a Belgian certification scheme. The Belgian certification scheme is excessively difficult to access for non-Belgian entrepreneurs. This obstacle makes it difficult for construction companies outside Belgium to access markets, go cross-border and scale up. Consequently, users of these services (private citizens but also many businesses) are unable to benefit from the most competitive and innovative services available on the single market. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Belgium to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer GREECE to the Court of Justice of the European Union for non-compliance with the EU legislation on the recognition of professional qualifications
Today, the European Commission decided to refer Greece (INFR(2022)4078) to the Court of Justice of the European Union for non-compliance of national rules with the EU legislation on the recognition of professional qualifications. EU rules make it easier for professionals to provide their services in different Member States. In particular, the Commission considers that Greek rules fail to comply with Directive 2005/36/EC on the recognition of professional qualifications and with the Treaty on the functioning of the European Union. Under Greek law, professionals qualified as school directors in other Member States must follow a more burdensome procedure of academic recognition of their qualifications to be able to work in Greece. This is contrary to the Directive and it makes access to the Greek labour market more difficult for some professionals. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Greece to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer BULGARIA to the Court of Justice of the European Union for restrictions of the temporary provision of social services
Today, the European Commission decided to refer Bulgaria (INFR(2019)2153) to the Court of Justice of the European Union for limiting the maximum duration of the provision of temporary cross-border social services such as consulting or advocacy services, community work, therapy and rehabilitation, skills training and care services, to six months per year. The Bulgarian law on Social Services violates the Services Directive 2006/123/EC and the Treaty on the Functioning of the European Union. Member States cannot fix a maximum duration for temporary services. The concept of temporary service provision is based on several different aspects such as duration, regularity, periodicity and continuity of services. Member States cannot require economic operators to set up a permanent establishment in their territory for services.
The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria to the Court of Justice of the European Union. More information is in the press release.
Justice
Letters of formal notice
The Commission calls on SLOVENIA to correctly transpose EU rules to fight fraud against the Union’s budget
Today, the European Commission has decided to send an additional letter of formal notice to Slovenia (INFR(2021)2267) for incorrectly transposing into its national legislation the Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (‘PIF Directive’). These rules increase the level of protection of the EU budget by harmonising the definitions, sanctions and limitation periods of criminal offences affecting the Union’s financial interest and they lay out the foundation for the competence of the European Public Prosecutor’s Office (EPPO). The deadline to transpose the Directive into national law was 6 July 2019. In February 2022, the Commission sent a first letter of formal notice to Slovenia. The Commission considered, among others, that Slovenia did not correctly transpose the concept of ‘public official’ and did not provide for the liability of legal persons for criminal offences committed by a leading member of a legal person, as required by the Directive. The Commission also considered that the dual criminality requirement is in breach of a provision of the PIF Directive which was not referred to in the previous letter. The Commission is therefore sending an additional letter of formal notice to Slovenia, 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 opinions
The Commission urges IRELAND, CROATIA, HUNGARY, and AUSTRIA to comply with cross-border judicial procedures on European Arrest Warrant
Today, the European Commission decided to send additional letters of formal notice to Ireland (INFR(2020)2072) and Croatia (INFR(2021)211) and reasoned opinions to Hungary (INFR(2021)2071) and Austria (INFR(2020)2307) 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 sent letters of formal notice to Ireland in October 2020, to Austria in December 2020 to Hungary in June 2021 and to Croatia in September 2021. Moreover, the Commission sent additional letters of formal notice to Austria and Hungary in November 2023. After analysing the new amending law adopted by Ireland and Croatia, the Commission concluded that new grievances, in addition to those set out in the first letter of formal notice, have emerged. Ireland incorrectly transposed the provision related to decisions rendered in absentia, the determination of the competent judicial authority, the situation pending the decision, and the competing international obligation. Croatia incorrectly transposed the provisions related to the guarantees to be given by the issuing Member State in particular cases and the situation pending the decision. Hungary failed to fully transpose the provisions on competing international obligations and correctly transpose the provisions on grounds for refusal, judgments rendered in absentia and the situation pending the decision. Austria failed to fully transpose the provisions on privileges and immunities and correctly transpose the provisions on optional grounds for refusal. The Commission is therefore sending additional letters of formal notice to Ireland and Croatia and reasoned opinions to Austria and Hungary, 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 send reasoned opinions to Ireland and Croatia as well as to refer Austria and Hungary to the Court of Justice of the European Union.
The Commission calls on SLOVAKIA to correctly transpose EU rules on the right of access to a lawyer and to communicate upon arrest
Today, the European Commission decided to send an additional reasoned opinion to Slovakia (INFR(2023)2008) for failing to correctly transpose into its national legislation the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). The deadline for Member States to transpose the Directive was 27 November 2016. The Directive is one of the six Directives that make up the EU’s legal framework on common minimum standards for fair trials ensuring that the rights of suspects and accused persons are sufficiently protected. It strengthens Member States’ trust in each other’s criminal justice systems and thus facilitates mutual recognition of decisions in criminal matters. In today’s additional reasoned opinion, the Commission raises shortcomings as regards the correct transposition of the scope of application of the procedural rights and the derogations from the right of access to a lawyer. The Commission sent a letter of formal notice to Slovakia in June 2023 and a reasoned opinion in November 2023. While some of the shortcomings were resolved since then, the newly introduced amendments to the law in Slovakia, specifically on the definition of the concept of a suspect, raise new concerns. Therefore, the Commission has decided to issue an additional reasoned opinion to Slovakia, 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.
The Commission calls on ESTONIA to transpose rules to protect persons who report breaches of Union law
Today, the European Commission decided to send a reasoned opinion to Estonia (INFR(2024)0033) for failure to communicate measures on the setting up of internal reporting channels by medium-sized companies, as required by the Directive on the protection of persons who report breaches of Union law (Directive (EU) 2019/1937). Amongst other obligations, the Directive requires Member States to ensure that private companies with 50 or more workers establish channels and procedures for internal reporting allowing their employees to report breaches of EU rules confidentially. The deadline for Member States to inform the Commission about such measures was 17 December 2023. In January 2024, the Commission sent a letter of formal notice to Estonia for failure to communicate the relevant transposition measures. Estonia has notified the relevant transposition provisions but has delayed their entry into force until 1st January 2025. Therefore, the Commission has decided to issue a reasoned opinion to Estonia, 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.
The Commission takes next steps against the UNITED KINGDOM, to comply with EU law on free movement of EU citizens and their family members, ensuring the implementation of the Withdrawal Agreement
Today, the European Commission decided to send a reasoned opinion (INFR(2020)2202) to the United Kingdom regarding its failure to comply with EU law on free movement of EU citizens and their family members. The Commission considers that there were several shortcomings in the United Kingdom’s implementation of the Treaty on the Functioning of the European Union, which continue to affect EU citizens under the Withdrawal Agreement. This concerns specifically the right to move and reside freely within the territory of the Member States (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) and the freedom of establishment (Article 49 TFEU) as well as the transposition of the Free Movement Directive of 2004. In this context, in May 2020, the Commission sent a letter of formal notice to the United Kingdom. Following the reply, the Commission found that several points remain unaddressed, in particular elements concerning EU citizens or their family members (e.g. children in legal guardianship or extended family members) exercising free movement rights who should beneficiaries of the Withdrawal Agreement. The United Kingdom 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. The Withdrawal Agreement allows the Commission to pursue an infringement case that it initiated before the end of the transition period in relation to UK law as it stood at the end of the transition period.
Referrals to the Court of Justice
The Commission decides to refer CZECHIA and HUNGARY to the Court for failing to correctly transpose rules on the right of access to a lawyer and to communicate upon arrest
Today, the European Commission decided to refer Czechia (INFR(2021)2107) and Hungary (INFR(2021)2137) to the Court of Justice of the EU for failing to correctly transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). The deadline for Member States to transpose the Directive was 27 November 2016. On 23 September 2021, the Commission sent a letter of formal notice to Czechia concluding that certain national transposition measures notified by Czechia fall short of the requirements of the Directive. On 28 September 2023, the Commission followed with a reasoned opinion. After analysing the replies from Czechia, the Commission maintains that one of the Directive’s provisions in relation to possible derogations from the right of access to a lawyer has not been correctly transposed into national law. As regards Hungary, the Commission sent a letter of formal notice on 12 November 2021 and on 14 July 2023, the Commission followed with the reasoned opinion. After analysing the replies from Hungary, the Commission concluded that its legislation as notified to the Commission still falls short with the requirements of the Directive. In particular, the Commission sustains that derogations from the right of access to a lawyer due to investigative needs and the waiver of the right of access to a lawyer are not correctly transposed. The European Commission decided therefore to refer Czechia and Hungary to the Court of Justice of the EU. More information is in the press release for Hungary and the press release for Czechia.
The Commission decides to refer BULGARIA to the Court for failing to correctly transpose rules on the right to information in criminal proceedings
Today, the European Commission decided to refer Bulgaria (INFR(2021)2098) to the Court of Justice of the EU for failing to correctly transpose Directive on Right to information in criminal proceedings (Directive 2012/13/EU).. The deadline for Member States to transpose the Directive was 2 June 2014. On 23 September 2021, the Commission sent a letter of formal notice to Bulgaria for failure to transpose the Directive correctly into its national law. On 28 September 2023, the Commission sent a reasoned opinion reiterating the grievances set out in the letter of formal notice., Bulgaria has still not fully addressed the Commission’s concerns such as the incorrect transposition of the scope of the Directive for persons who are de facto suspected of having committed a criminal offence, the right to information about rights, the right to a Letter of Rights in European Arrest Warrant proceedings and the right of access to the materials of the case. More information is in the press release.
Energy
Letter of formal notice
The Commission urges Hungary not to undermine the Union’s position on intra-EU arbitrations under the Energy Charter Treaty and to abide by the case law of the Court of Justice
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)2206) for undermining the Union’s position on the international stage with regard to the prohibition of intra-EU investor-State arbitrations related to the Energy Charter Treaty (ECT), and for contradicting the case law of the Court of Justice of the European Union.
On 26 June 2024, the Union and 26 Member States signed a Declaration on the legal consequences of the Komstroy judgment, in which the Court of Justice held that the arbitration clause of the ECT is not applicable to disputes between a Member State and an investor from another Member State concerning an investment made by the latter in the first Member State. This Declaration complemented an agreement concluded on the same day clarifying the Union’s long settled position that the arbitration clause provided in the Energy Charter Treaty does not apply – and has never applied – in the relations between an EU investor and an EU country, or the Union. On the same day, Hungary adopted a unilateral declaration claiming that the Komstroy judgment only applies for future intra-EU investor-State arbitration proceedings. Its unilateral declaration further claims that this effect for the future will only start once the Energy Charter Treaty has been amended.
The Commission finds that Hungary’s unilateral declaration contradicts the decision of the Court of Justice, as well as the Union’s position vis-à-vis arbitration tribunals and courts of third countries. In addition, the Commission finds that by openly expressing a unilateral, different position, Hungary is in breach of the duty of sincere cooperation enshrined in Article 4(3) of the Treaty of the European Union, which requires Member States to abstain from undermining the Union position on the international stage. Furthermore, by contradicting an interpretation given by the Court, Hungary seems to disrespect the final, authoritative and binding nature of judgments of the Court of Justice. These principles are enshrined in Article 19 of the Treaty of the European Union and Article 267 and 344 of the Treaty on the Functioning of the European Union, as well as the general principles of autonomy, primacy, effectiveness, and uniform application of Union law.
The Commission has therefore decided to send Hungary a letter of formal notice. Hungary 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.
Jobs and social rights
Letters of formal notice
The Commission urges GREECE to avoid discriminatory employment conditions in public schools
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)4013) for failing to correctly transpose into national law Council Directive 1999/70/EC, which prohibits discrimination against fixed-term workers. Greek law contains less favourable employment conditions for fixed-term teachers working in public schools compared to permanent teachers, for instance as regards maternity leave and sick leave. 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.
The Commission urges SPAIN to remove discriminatory employment conditions in the public sector
Today, the European Commission decided to send a second additional letter of formal notice to Spain (INFR(2014)4224) for failing to correctly transpose into national law Council Directive 1999/70/EC, which prohibits discrimination against fixed-term workers. Spanish law contains less favourable employment conditions (such as leave rights) for fixed-term employees working in the Spanish public sector compared to permanent employees. According to the Commission, this represents discrimination contrary to EU law, wherefore it opened this infringement procedure in 2014. While Spain has amended the rules since then, issues of discrimination remain. In its second additional letter of formal notice, the Commission addresses differences in treatment in relation to calculation of seniority, right to some types of leave or access to career paths. Spain has two months now to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Reasoned opinions
The Commission calls on GREECE to comply with EU rules on family benefits
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2023)2097) for failing to comply with the EU rules on social security coordination (Regulation (EC) 883/2004) and on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union). According to the Greek legislation, only EU nationals who have been residing for at least five years together with their children in Greece are eligible to apply for family benefits. In addition, non-EU nationals, who are covered by the EU social security coordination rules (for instance because they moved to Greece from another EU Member State), can only apply for family benefits after being resident in Greece for at least twelve years. In the view of the Commission, this legislation is discriminatory and breaches EU law. Moreover, EU rules on social security coordination prohibit any residence requirements for receiving social security benefits such as family allowance. Therefore, the Commission has decided to issue a reasoned opinion to Greece, 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.
The Commission calls on GERMANY, CROATIA, THE NETHERLANDS, SWEDEN and SLOVENIA to incorporate the European Accessibility Act in their national law
Today, the European Commission decided to send reasoned opinions to
- Germany (INFR(2022)0295),
- Croatia (INFR(2022)0306),
- Sweden (INFR(2022)0322) and
- Slovenia (INFR(2022)0324), as well as an additional reasoned opinion to
- the Netherlands (INFR(2022)0315)
for failing to incorporate into their national law the EU rules on the accessibility of products and services for persons with disabilities (Directive (EU) 2019/882, the European Accessibility Act). These Member States have, so far, communicated only partial transposition measures to the Commission. The European Accessibility Act requires key products and services such as phones, computers, e-books, banking services and electronic communications to be accessible for persons with disabilities. This will help increase active participation in society, including in education and in employment, as well as more autonomy and mobility opportunities of people with disabilities, representing more than 100 million European citizens. Businesses and services must ensure that they comply with a set of common EU accessibility requirements by 2025. In July 2022, the Commission had sent letters of formal notice to 24 Member States and in April 2023 to another three Member States for failing to communicate measures fully transposing the Directive. In July 2023, the Commission followed up with reasoned opinions to five Member States for a continued failure to notify any transposition measure. Today, the Commission has decided to issue reasoned opinions to Germany, Croatia, Sweden and Slovenia, and an additional reasoned opinion to the Netherlands, 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.
Referrals to the Court of Justice
The Commission decides to refer BULGARIA to the Court of Justice of the European Union for failing to incorporate the European Accessibility Act into national law
The European Commission decided to refer Bulgaria (INFR(2022)0290) to the Court of Justice of the European Union for failing to incorporate into its national law the European Accessibility Act (Directive (EU) 2019/882 on accessibility of products and services for persons with disabilities). Despite the announcement made to propose a draft law transposing the European Accessibility Act and to submit it to the National Assembly in December 2023, Bulgaria has not yet made any formal notification so far. The Commission therefore concludes that the European Accessibility Act has not yet been incorporated into Bulgarian national law. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer GERMANY to the Court of Justice of the European Union as regards the rights of mobile EU workers to receive family benefits
The European Commission decided to refer Germany (INFR(2021)4039) to the Court of Justice of the European Union for failing to uphold the rights of mobile workers from other EU Member States as regards the amount of family benefits granted to them. This failure to uphold the rights of mobile workers constitutes discrimination and breaches EU law on social security coordination (Regulation (EC) No 883/2004) and on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union).
Bavaria introduced in 2018 a new scheme of family allowances for residents of Bavaria with young children (up to 3 years old). Under this scheme, EU nationals whose children reside in a Member State where the cost of living is lower than in Bavaria receive only a reduced amount of the benefit. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Germany to the Court of Justice of the European Union. More information is in the press release.
The Commission decides to refer ITALY to the Court of Justice of the European Union as regards the rights of mobile EU workers to receive family benefits
Today, the European Commission decided to refer Italy (INFR(2022)0322) to the Court of Justice of the European Union for failing to uphold the rights of mobile workers from other EU Member States as regards family benefits granted to them. This failure to uphold the rights of mobile workers constitutes discrimination and breaches EU law on social security coordination (Regulation (EC) No 883/2004) and on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union). Italy introduced in March 2022 a new scheme of family allowances for dependent children (“Assegno unico e universale per i figli a carico”). Under this scheme, workers who do not reside for at least two years in Italy, or whose children do not reside in Italy, are not eligible to receive the benefit. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Italy to the Court of Justice of the European Union. More information is in the press release.
Financial Services
Letters of formal notice
The Commission calls on SPAIN to guarantee internal market freedoms in national supplementary pension schemes
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2024)4009) in relation to certain restrictions introduced by national rules to occupational and personal pension schemes. The prohibition imposed by Spain on contributing to occupational and personal pension schemes beyond the maximum deductible amounts for tax purposes may conflict with the free movement of workers, services, capital and the right of establishment guaranteed under the Treaties. While the infringement procedure addresses such a prohibition as it may constitute a barrier in the Single market and unduly limit access to supplementary pensions, it does not challenge the tax-deductible amounts. Additionally, the fact that Spain allows domestic but not cross-border individual transfers of pension rights in supplementary pension schemes may also be contrary to the internal market freedoms. The Commission is therefore sending a letter of formal notice to Spain, 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.
The Commission calls on HUNGARY to correctly transpose into national law the Anti-Money Laundering Directive
The European Commission decided to send an additional letter of formal notice to Hungary (INFR(2023)2098) for having incorrectly transposed the Anti-Money Laundering Directive. The first letter of formal notice sent to Hungary in September 2023 was related to the licensing of virtual asset service providers. In addition, the Commission now takes the view that the Hungarian legal framework does also not ensure the completeness of the National Beneficial Ownership Register by not including in its scope private equity funds. Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Money laundering scandals have revealed the need for stricter rules at EU level. Legislative gaps occurring in one Member State have an impact on the EU as a whole. That is why EU rules should be implemented and supervised efficiently in order to combat crime and protect our financial system. The Commission is therefore sending the additional letter of formal notice to Hungary, 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.
The Commission calls on 9 Member States to complete the transposition into national law of amendments to the Bank Recovery and Resolution Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to
- Bulgaria (INFR(2024)2175),
- Spain (INFR(2024)2178),
- Italy (INFR(2024)2179),
- Cyprus (INFR(2024)2176),
- Lithuania (INFR(2024)2180),
- Austria (INFR(2024)2174),
- Poland (INFR(2024)0036),
- Portugal (INFR(2024)2185)and
- Slovakia(INFR(2024)2186)
for failing to transpose completely the amendments to the Bank Recovery and Resolution Directive (Directive 2014/59/EU, ‘BRRD’) introduced by Regulation (EU) 2022/2036, which concern the prudential treatment of global systemically important institutions and the loss absorbing and recapitalisation capacity of banking groups.
The changes brought about by Regulation (EU) 2022/2036 to BRRD are important for ensuring full alignment in the EU with the Financial Stability Board’s standards on Total Loss Absorbing Capacity (TLAC) for global systemically important institutions (G-SIIs). In particular, the changes are necessary for properly reflecting the exposure of EU G-SIIs to their subsidiaries located in third countries and for further improving the ability of the largest EU banking groups to withstand financial shocks. In addition, the changes should achieve full harmonisation of the prudential treatment of internal resources for loss absorption and recapitalisation of intermediate entities in a banking group, which is important for the resolvability of banks. In the absence of transposition of these technical but important measures, it will not be possible to achieve the necessary level of harmonisation in the EU’s unified framework for the banking sector. The Commission is therefore sending a letter of formal notice to Bulgaria, Spain, Italy, Cyprus, Lithuania, Austria, Poland, Portugal 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.
The Commission calls on SPAIN and PORTUGAL to complete the implementation of the Regulation on pan-European Personal Pension Product
The European Commission decided to open infringement procedures by sending letters of formal notice to
- Spain (INFR(2024)2187) and
- Portugal (INFR(2024)2188)
for failure to notify to the Commission the rules on administrative penalties and other measures applicable to infringements of the Regulation on pan-European Personal Pension Product (Regulation (EU) 2019/1238). The pan-European personal pension product is a voluntary personal pension scheme that offers consumers a pan-European option to save for retirement. This type of product is designed to give savers more choice and provide them with more competitive products, while enjoying strong consumer protection. It could be offered by a broad range of financial providers such as insurance companies, asset managers, banks, certain investment firms and certain occupational pension funds. The Commission is sending a letter of formal notice to Spain and Portugal, 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.
The Commission calls on SWEDEN to empower the Swedish Financial Supervisory Authority to prohibit trading on a regulated market in case of breaches of the Transparency Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2024)4015) for failing to correctly transpose the Transparency Directive (Directive 2004/109/EC) as it does not empower the Swedish Financial Supervisory Authority to prohibit trading on a regulated market if it finds or if it has reasonable grounds for suspecting that the provisions of the Transparency Directive, or of national law adopted in accordance with it, have been infringed. The Transparency Directive sets out rules for the disclosure of periodic and ongoing information by companies listed on the EU regulated markets. Member States are required to designate a central competent administrative authority responsible for ensuring that the provisions adopted under the Directive are applied. It also requires each competent authority to have all the powers necessary for the performance of its functions. The Commission is therefore sending a letter of formal notice to Sweden, 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.
The Commission calls on SWEDEN to correctly transpose the new rules for the reporting of sustainability information by companies introduced by the Corporate Sustainability Reporting Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2024)2195) for failing to bring its legislation in line with the Accounting Directive, the Transparency Directive and the Audit Directive, as amended by the Corporate Sustainability Reporting Directive (CSRD). The CSRD introduces new rules for the reporting of sustainability information by companies. These rules apply from financial years beginning on or after 1 January 2024, depending on the company size. The national transposing measures adopted by Sweden require companies to start reporting information for financial years beginning on or after 1 July 2024. This is not in line with the Corporate Sustainability Reporting Directive as Sweden delays the application of sustainability reporting requirements by half a year. By introducing this delay, Sweden risks creating an unlevel playing field between EU companies in different Member States.
The Commission is therefore sending a letter of formal notice to Sweden, 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 opinions
The Commission calls on 12 Member States to complete the transposition into national law of the Directive on credit servicers and credit purchasers
Today, the European Commission decided to send reasoned opinions to
- Belgium (INFR(2024)0006),
- Bulgaria (INFR(2024)0013),
- Spain (INFR(2024)0047),
- Italy (INFR(2024) 0074),
- Cyprus (INFR(2024)001),
- Lithuania (INFR(2024)0079),
- Hungary (INFR(2024)0067),
- Netherlands (INFR(2024)0103),
- Austria (INFR(2024)0000),
- Poland (INFR(2024)0111),
- Portugal (INFR(2024)0117) and
- Finland (INFR(2024)0059),
for the incomplete transposition of the Directive on credit servicers and credit purchasers.
The main objective of Directive 2021/2167 is to enable credit servicers and credit purchasers to operate on European Union wide scale, whilst firmly safeguarding borrowers’ rights. The directive requires, for example, that credit purchasers and credit servicers act in good faith, fairly and professionally with borrowers and communicate with them in a way that does not constitute harassment, coercion or undue influence.
Therefore, the Commission has decided to issue a reasoned opinion to Belgium, Bulgaria, Spain, Italy, Cyprus, Lithuania, Hungary, Netherlands, Austria, Poland, Portugal and Finland, which now have two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Taxation and Customs Union
Letters of formal notice
The Commission calls on the Netherlands to bring its rules on taxation of investment funds in line with EU law
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)4017), for failing to extend the Dutch tax levy reduction scheme to foreign investment funds, which are comparable to domestic investment funds. Dutch law provides for a reduction of the dividend tax paid by investment funds on dividends they receive from companies in which they hold shares by offsetting the tax paid by the Dutch company distributing the dividends. That reduction is granted on account of the due dividend tax (and similar foreign taxes). Unlike Dutch investment funds, foreign investment funds cannot offset the dividend tax paid by Dutch companies on dividends they distribute and which the foreign investment funds subsequently redistribute to their own investors. Therefore, the Dutch tax levy reduction scheme makes it less attractive for foreign investment funds to provide their services to Dutch investors and to invest in shares of Dutch resident companies. The Commission therefore considers that the scheme restricts the free movement of capital which is in principle prohibited by Article 63 of the Treaty on the Functioning of the European Union and Article 40 of the Agreement on the European Economic Area because the Dutch scheme creates a difference in treatment to the detriment of investment funds of other EU Member States and EEA States. The Commission is therefore sending a letter of formal notice to the Netherlands, 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.
Referrals to the Court of Justice
The Commission calls on BELGIUM to eliminate discriminatory conditions for tax exemption of remuneration received from savings deposits
Today, the European Commission decided to refer Belgium (INFR(2015)4212) to the Court of Justice of the European Union for maintaining discriminatory conditions for applying the tax exemption of remuneration received from savings deposits. The Commission considers that the Belgian tax exemption system applicable to income from savings deposits imposes discriminatory conditions for access to the Belgian banking market on service providers established in other Member States of the European Union or the European Economic Area and, therefore, it is contrary to the freedom to provide services (Article 56 TFEU and Article 36 of the Agreement on the European Economic Area). The Court of Justice of the European Union confirmed the violation of the above freedom by the Belgian law on 8 June 2017 and 27 March 2023 following preliminary ruling procedures. The Commission sent a reasoned opinion in July 2023 to Belgium. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Belgium to the Court of Justice of the European Union. More information is in the press release.
Mobility and Transport
Letters of formal notice
The Commission calls on 17 Member States to correctly apply the performance and charging scheme for air navigation services
The European Commission decided to open infringement procedures by sending letters of formal notice to
- Bulgaria (INFR(2024)2075),
- Czechia (INFR(2024)2026),
- Denmark (INFR(2024)2086),
- Estonia (INFR(2024)2087),
- Ireland (INFR(2024)2090),
- Spain (INFR(2024)2088),
- Croatia (INFR(2024)2024),
- Italy (INFR(2024)2091),
- Latvia (INFR(2024)2092),
- Hungary (INFR(2024)2076),
- Malta (INFR(2024)2093),
- Austria (INFR(2024)2085),
- Poland (INFR(2024)2027),
- Portugal (INFR(2024)2094),
- Romania (INFR(2024)2095),
- Slovakia (INFR(2024)2028), and
- Finland (INFR(2024)2089)
for failing to correctly apply certain provisions of the Single European Sky (SES) performance and charging scheme for air navigation services.
The Single European Sky Regulations (Regulation (EC) No 549/2004 and Regulation (EC) No 550/2004) require Member States to allocate common costs between route and terminal air navigation services in a proportional way on the basis of a transparent methodology. Member States must also include in their performance plans incentive schemes to support the achievement of performance targets. The issues identified concern the inappropriate level or allocation of costs charged to airlines, as well as the insufficient financial incentives for service providers. The incorrect implementation of EU rules impacts not only the revenue of air navigation service providers but also the level of charges paid by airlines, as customers of those service providers. The Commission is therefore sending a letter of formal notice to those 17 Member States, 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.
The Commission calls on ITALY and LUXEMBOURG to establish an effective sanctions regime for the Single European Sky
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2024)2190) and Luxembourg (INFR(2024)2191) for failing to establish an effective and proportionate sanctions regime covering the Single European Sky regulatory framework established under Regulation (EC) No 549/2004. In Italy, the sanctions regime does not fully include the common projects nor the performance and the charging scheme. In Luxembourg, the regime does not cover airspace users, other air traffic management (ATM) stakeholders or the common projects. The Commission is therefore sending a letter of formal notice to Italy and Luxembourg, 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 under Article 258 TFEU
The Commission calls on HUNGARY and SWEDEN to keep up with the implementation of the European Air Traffic Management Action Plan
The European Commission has decided to send an additional letter of formal notice to Hungary (INFR(2023)2054) and Sweden (INFR(2023)2060) for failing to deploy all the technical solutions foreseen to support the implementation of the European Air Traffic Management Master Plan (Commission Implementing Regulation (EU) 2021/116). Both Member States provided additional information in their reply to the initial letter of formal notice sent by the Commission on 14 July 2023. After re-evaluating the state of implementation in both Member States, the Commission concluded that there were still concerns. The Commission is therefore sending additional letters of formal notice to Hungary and Sweden, 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.
Reasoned opinions
Commission calls on GERMANY, CROATIA, HUNGARY and AUSTRIA to respect EU rules on voting in the Danube Commission
Today, the European Commission decided to send reasoned opinions to
- Germany (INFR(2022)0246),
- Croatia (INFR(2022)0247),
- Hungary (INFR(2022)0248) and
- Austria (INFR(2022)0245)
for failing to fulfil their obligation under the EU Treaties when adopting, within the Danube Commission, recommendations on matters that may affect EU rules or alter their scope. During the plenary session of 14 December 2021, these countries voted in favour of a decision regarding the recognition of vessel crew documents, which falls under the Directive on the recognition of professional qualifications in inland navigation (Directive (EU) 2017/2397) and the Directive on the transitional measures for the recognition of third-country certificates (Directive (EU) 2021/1233). They were not authorised by the Council of the European Union, therefore violating the EU’s exclusive external competence and the principle of sincere cooperation. On 15 July 2022, the Commission sent formal notices to these Member States, which contested the Commission’s position in their replies on 15 November 2022. After considering their arguments, the Commission maintains that Germany, Croatia, Hungary and Austria violated Articles 4(3) TEU on fair cooperation, 3(2) TFEU on exclusive competence for the conclusion of an international agreement, and 218(9) TFEU on the procedure for the suspension of the application of an agreement. Therefore, the Commission has decided to issue a reasoned opinion to Germany, Croatia, Hungary and Austria, which now have 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.
Digital economy
Letters of formal notice
The Commission calls on BELGIUM, SPAIN, CROATIA, LUXEMBOURG, NETHERLANDS and SWEDEN to comply with the EU Digital Services Act
Today, the European Commission decided to open infringement proceedings by sending a letter of formal notice to
- Belgium (INFR(2024)2164),
- Spain (INFR(2024)2165),
- Croatia (INFR(2024)2166),
- Luxembourg (INFR(2024)2168),
- Netherlands (INFR(2024)2163) and
- Sweden (INFR(2024)2169).
Those Member States either did not designate the competent authorities, the so-called Digital Services Coordinators, to implement the Digital Services Act, or did not empower these authorities to perform the tasks required by the Act, or both. The Digital Services Act aims to make the online space safer. The Member States had until 17 February 2024 to designate these authorities under the Digital Services Act. Digital Services Coordinators supervise online intermediaries (like online platforms) established on their territories and are the first point of contact for people and businesses to resolve complaints related to those. The Member States have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
The Commission calls on IRELAND to comply with the EU Data Governance Act
Today, the European Commission decided to open infringement proceedings by sending a letter of formal notice to Ireland (INFR(2024)2189) because it has not designated the competent authorities to implement the Data Governance Act. The Data Governance Act facilitates data sharing across sectors and EU countries for the benefit of people and companies. It increases trust in data sharing by establishing rules for neutrality of data intermediaries, stimulates voluntary sharing of data and facilitates the reuse of certain data held by the public sector. It has been applicable since 24 September 2023. The competent authorities are in charge for the registration of data altruism organisations (data altruism allows citizens and businesses to give their consent/permission to make available data that they generate for objectives of general interest, for example, medical research projects) and of notification of data intermediation services providers. Ireland has two months to respond and to address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on ITALY to comply with the freedom to provide services read in conjunction with the Collective Rights Management Directive
Today, the European Commission decided to open infringement proceedings by sending a letter of formal notice to Italy (INFR(2017)4092) on the grounds that the Italian law on copyright and related rights is in breach of the freedom to provide services as defined in the Treaty on the Functioning of the European Union read in conjunction with the Collective Rights Management Directive (2014/26/EU). The Commission is calling on Italy to address its general exclusion of Independent Management Entities from providing copyright intermediation services in Italy. A recent ruling of the Court of Justice of the European Union highlighted that the Italian legislation constitutes a restriction to the freedom to provide services as it excludes independent management entities from other Member States from providing copyright management services in Italy. Italy now has two months to reply to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Source – EU Commission