Brussels, 7 May 2025
Overview by policy area
In its regular package of infringement decisions, the European Commission takes legal action against Member States that fail to comply with their obligations under EU law. These decisions, covering various 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 83 cases where the issues with the Member States concerned have been solved. In these cases, the Commission does not have to pursue the infringement procedure further.
The Commission’s enforcement activities and Member States’ compliance with EU law can be followed through interactive maps and customisable graphs. For more details on the history of a case or to access the full database of infringement decisions, the infringement decisions’ register is open for consultation. And more information on the EU infringement procedure can be found in the following Q&A.
Environment
Letters of formal notice and additional letter of formal notice
Commission calls on CZECHIA and PORTUGAL to ensure periodic review of water permits
The European Commission decided to open infringement procedures by sending letters of formal notice to
- Czechia (INFR(2025)2027) and
- Portugal (INFR(2025)2042)
for failing to correctly transpose the Water Framework Directive (Directive 2000/60/EC), including the obligation to carry out periodic reviews of water permits.
Full implementation of EU water quality standards is key to protecting human health and the environment. 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. Each programme must include measures to control different types of water abstraction, impoundment, point source discharge, diffuse pollution sources, etcetera. Member States are required to periodically review and update these control measures, including any permits granted, to determine whether they still achieve their objectives. However, in Czechia, some reviews take place only every 30 years, while in Portugal, they take place at the end of the permit validity which could be up to 75 years. These periods are too long to fulfil the purpose of a periodic review. The Commission is therefore sending letters of formal notice to Czechia 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.
Commission calls on IRELAND to correctly transpose the Landfill Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Ireland (INFR(2025)2005)
for failing to correctly transpose the Landfill Directive (Directive 1999/31/EC as amended by Directive 2011/97/EU and Directive (EU) 2018/850). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must ensure that certain technical rules and standards are respected when landfills are constructed. It also requires that the waste brought onto these sites for landfilling is assessed against set criteria and procedures. Control and monitoring procedures must also be respected both in the operational and after care phases of the sites. In addition, specifications for the temporary storage of metallic mercury waste are set out. Ireland has failed to correctly transpose these requirements into national law. 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.
Commission calls on SLOVAKIA to correctly transpose the Single-Use Plastics Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Slovakia (INFR(2025)2008)
for failing to correctly transpose the Single-Use Plastics Directive (Directive (EU) 2019/904). The Directive aims to prevent and reduce the impact of certain plastic products on the environment and on human health, as well as to promote the transition to a circular economy. Slovakia has not correctly transposed several provisions of the Directive. Under the Directive, Member States should introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litter as well as the costs of awareness raising measures to prevent and reduce such litter. Slovak law does not correctly transpose all aspects of these schemes: For instance, tobacco producers are not obliged to cover the waste collection costs. In addition, producers of food containers, cups and plastic bags, are not obliged to cover transport and treatment costs of the litter. The Commission is therefore sending a letter of formal notice to Slovakia, 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.
Commission calls on ITALY to comply with the Industrial Emissions Directive
The European Commission decided to send an additional letter of formal notice to
- Italy (INFR(2013)2177)
for failing to fully and correctly transpose the Industrial Emissions Directive (Directive 2010/75/EU). Italy has also failed to comply with some of the provisions of this Directive as regards the Acciaierie d’Italia installation (ILVA steel plant) in Taranto.
The Directive aims to prevent, reduce and as far as possible eliminate pollution arising from industrial activities to protect human health and the environment. According to the judgment of the Court of Justice of the European Union of 25 June 2024 (C-626/22), Italy’s legislation is not in line with the Industrial Emissions Directive. In particular, it fails to consider the impact of installations on human health. It also does not take into account all harmful pollutants emitted from the installation when authorising permits. And it fails to suspend an installation’s operation when a breach of the permit conditions poses an immediate danger to human health or the environment. In addition, Italy fails to ensure that the Acciaierie d’Italia installation in Taranto operates in conformity with EU legislation on industrial emissions, with serious consequences for human health and the environment. The Commission is therefore sending an additional 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.
Letter of formal notice post-judgment (Article 260 TFEU)
Commission calls on SLOVAKIA to comply with the judgment of the Court of Justice of the European Union on the Habitats and Birds Directives protected areas
The European Commission decided to send a letter of formal notice under Article 260 TFEU to
- Slovakia (INFR(2018)4076)
for failing to comply with the judgment of the Court of Justice of the European Union of 22 June 2022 (C-661/20). In this ruling, the Court of Justice found that Slovakia breached the Habitats Directive (Directive 92/43/EEC) and Birds Directive (Directive 2009/147/EC) by adopting legislation which does not ensure an adequate assessment of the impacts of logging within Natura 2000 sites. First, the Court of Justice confirmed that the Habitats Directive requires that projects and activities, such as sanitary logging, are assessed before their implementation within Natura 2000 sites. Slovakia has still not amended its legislation to ensure that such sanitary logging undergoes an appropriate assessment. In addition, the Court of Justice ruled that Slovakia has not taken steps to protect the species Capercaillie, an important forest bird, and its habitat. The Capercaillie population has more than halved in the past 20 years, the main reason being the disappearance of its habitats due to logging. Further action is still necessary from Slovakia to fully comply with the Court ruling. The Commission is therefore sending a letter of formal notice to Slovakia, 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 Slovakia to the Court of Justice of the European Union with a request to impose financial sanctions.
Reasoned opinions
Commission calls on HUNGARY and AUSTRIA to bring national laws in line with the Environmental Impact Assessment Directive
Today, the European Commission decided to send a reasoned opinion to
- Hungary (INFR(2019)2111) and
- Austria (INFR(2024)2012)
for failing to bring national law in line with the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU as amended by Directive 2014/52/EU). Under the amended Directive, major building or development projects in the EU must be assessed for their impact on the environment before the project can start. In Hungary, national law provides for general exemptions from conducting EIAs instead of limiting the exemptions to exceptional cases. Other shortcomings include an incorrect enactment of the definition of development consent, too low fines, and the potentially prohibitive cost of court procedures for civil society. The Austrian law does not adequately ensure a proper assessment of projects with significant environmental impacts. This includes notably the assessment of cumulative effects; the criteria of the nature, size or location of a project; and the project thresholds. This may lead to the approval of projects without sufficient consideration for their environmental effects, potentially harming the environment and human health. The Commission sent a letter of formal notice to Hungary in July 2019 and to Austria in April 2024. Both national authorities have not fully addressed the grievances. Therefore, the Commission has decided to issue a reasoned opinion to Hungary and Austria, 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.
Commission calls on FRANCE to correctly transpose the Waste Framework Directive
Today, the European Commission decided to send a reasoned opinion to
- France (INFR(2024)2017)
for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC as amended by Directive 2018/851/EU). 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. France has not correctly transposed several provisions of the amended Directive including on the methodology to measure food waste, on the separate collection of waste and the incineration of separately collected waste, and certain definitions. The Commission sent a letter of formal notice to France in April 2024. Despite some progress, France has not fully addressed the grievances. Therefore, the Commission has decided to issue a reasoned opinion to France, 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.
Commission calls on LITHUANIA to complete Natura 2000 Network
Today, the European Commission decided to send a reasoned opinion to
- Lithuania (INFR(2018)2059)
for failing to protect habitats and species of EU interest by designating Natura 2000 areas. Under the Habitats Directive (Directive 92/43/EEC) and Birds Directive (Directive 2009/147/EC), Member States agreed to develop a coherent Natura 2000 network by proposing adequate sites of Community importance to the Commission. In May 2018, the Commission sent a letter of formal notice to Lithuania for failing to propose all the necessary sites in line with the legal and scientific conditions. In addition, some of the proposed sites did not adequately cover the habitat types and species that needed protection. At the same time, the Commission also identified important gaps in the completeness and the quality of data for the protected sites. Despite progress made since 2018, Lithuania has still not addressed all the identified shortcomings. Therefore, the Commission has decided to issue a reasoned opinion to Lithuania, 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.
Commission calls on PORTUGAL to properly assess projects that may have a significant impact on Natura 2000 sites
Today, the European Commission decided to send a reasoned opinion to
- Portugal (INFR(2024)2050)
for failing to properly assess plans and projects that may have a significant impact on Natura 2000 sites as required by the Habitats Directive (Directive 92/43/EEC). Under the Directive, plans and projects can only be authorised, subject to certain exemptions, if they do not harm the integrity of the Natura 2000 site. If a project harms a Natura 2000 site, it cannot be approved simply on the basis that the damage will be compensated. A special derogation procedure with strict conditions needs to be followed to allow harmful projects only in exceptional cases. However, contrary to the Directive and the jurisprudence of the Court of Justice of the European Union, Portuguese legislation allows taking into account compensatory measures for expected damage when assessing whether a project is damaging or not, thereby undermining the result of the assessment of the significant effect on Natura 2000 sites. The Commission sent a letter of formal notice to Portugal in May 2024. Since then, Portugal has not fully addressed the grievances. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, 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.
Second referral to the Court of Justice (Article 260 TFEU)
Commission decides to refer CYPRUS to the Court of Justice of the European Union for failing to comply with a Court ruling on EU waste rules
Today, the European Commission decided to refer
- Cyprus (INFR(2011)2005)
to the Court of Justice of the European Union for failing to comply with the Landfill Directive (Directive 1999/31/EC) and the judgment of the Court of Justice of the European Union of 18 July 2013 (C-412/12). The Landfill Directive sets requirements for landfills to prevent adverse effects on human health, water, soil and air. In 2013, the Court ruled that the landfill of Vati in Limassol and the landfill of Kotsiati in Nicosia did not comply with the Landfill Directive. Following this judgment, the Commission sent a letter of formal notice under Article 260 TFEU to Cyprus on 28 April 2017. Cyprus then finally decided to stop the operation of these two landfills. Although no waste has been sent to these landfills for more than six years, they have still not been rehabilitated and closed as required by the Landfill Directive. In addition, Cyprus has postponed the timetable for the implementation of the judgment several times. The landfills therefore still present a danger for human health and the environment. Therefore, the Commission has decided to refer this case back to the Court of Justice of the European Union, requesting the imposition of financial sanctions. More information is in the press release.
Migration, Home Affairs, and Security Union
Letters of formal notice
Commission calls on BELGIUM, ESTONIA, the NETHERLANDS, SLOVAKIA and SWEDEN to correctly transpose certain provisions of the Firearms Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Belgium (INFR(2025)2023),
- Estonia (INFR(2025)2024),
- Slovakia (INFR(2025)2025), and
- Sweden (INFR(2024)2275) and an additional letter of formal notice to include additional grievances to
- the Netherlands (INFR(2024)2265).
Belgium, Estonia, Slovakia, Sweden and the Netherlands have failed to correctly transpose certain provisions of Directive (EU) 2021/555 on the control of the acquisition and possession of weapons (Firearms Directive). Belgium, Estonia and Sweden have also failed to correctly transpose certain provisions of the Commission Implementing Directive (EU) 2019/69 on alarm and signal weapons. The Firearms Directive sets common minimum standards on the acquisition, possession, and commercial exchange of civilian firearms, for example firearms used for sport shooting and hunting. It also sets high standards of security and protection against criminal acts and illicit trafficking of firearms. The Implementing Directive sets technical specifications for alarm and signal weapons (which only discharge blank ammunition or irritants) to better prevent their illegal conversion into lethal firearms. The Commission has identified conformity issues concerning different aspects of the Directive, affecting security and trade. The Commission is therefore sending letters of formal notice to Belgium, Estonia, Slovakia and Sweden, and an additional letter of formal notice to the Netherlands. These Member States 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 opinion
Commission calls on GREECE to comply with the provisions of the Qualification Directive
The European Commission decided to send a reasoned opinion to
- Greece (INFR(2022)2044),
for failing to comply with certain provisions of the Directive on standards for the qualification of third-country nationals and stateless persons as beneficiaries of international protection (Directive 2011/95/EU). Full compliance with the Qualification Directive is key to the well-functioning of the Common European Asylum System. The Directive aims to ensure that Member States apply common criteria for the identification of persons in need of international protection, as well as to ensure the minimum level of benefits available for those persons in all Member States. The Commission sent a letter of formal notice to Greece in January 2023. After assessing the reply, the Commission considers that Greece has failed to comply with its obligations under the Qualification Directive and has therefore decided to issue a reasoned opinion. Greece 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.
Referral to the Court of Justice
Commission refers HUNGARY to the Court of Justice of the European Union for not complying with EU legislation on migrant smuggling
Today, the Commission decided to refer
- Hungary to the Court of Justice of the European Union
for failing to fulfil its obligations under the Council Directive 2002/90/EC to impose effective, proportionate and dissuasive sanctions for the offence of facilitation of unauthorised entry, transit and residence into the EU (migrant smuggling) and under the Council Framework Decision 2002/946/JHA that sets rules for criminal penalties regarding these offences. In April 2023, Hungary adopted a Government Decree which provides for the conversion of custodial sentences related to migrant smuggling offences into “reintegration detention”. As a consequence, persons convicted of migrant smuggling offences are released from prison even if they served only a minor period of their sentence and are required to leave the Hungarian territory within 72 hours to serve their “reintegration detention” in the country of their former habitual residence or of nationality. This Government Decree undermines the objective to effectively tackle migrant smuggling, the deterrent factor of the EU Facilitators legislation and the joint EU efforts in countering migrant smuggling. The Commission considers that efforts by the Hungarian authorities have, to date, been insufficient and is therefore referring Hungary to the Court of Justice of the European Union. More information is available in the press release.
Justice
Letters of formal notice
Commission calls on ITALY to correctly transpose the Directive on the rights of shareholders in listed companies
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Italy (INFR(2025)4004)
for failing to correctly transpose the Shareholder Rights Directive (Directive 2007/36/EC). Long-term engagement of shareholders with the companies they invest in is essential to ensure that companies are well-governed and sustainable. The Directive protects and empowers shareholders by promoting transparency, accountability, and good corporate governance in listed companies. It establishes a set of rules and rights that ensure shareholders have a say in the companies they invest in, and that their interests are represented and respected. Italian law undermines shareholders’ freedom to choose their proxy for general meetings without limitations, imposing instead a company-designated proxy. In doing so, it violates the shareholders’ right under the Directive to table resolutions for any agenda item, including newly added ones, hence denying those company-designated proxy holders the same rights to which the shareholders they represent would be entitled. 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.
Commission calls on BELGIUM to correctly transpose EU rules on price reductions in relation to services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Belgium (INFR(2025)2044)
for failing to correctly transpose the rules on price reductions provided in the Modernisation Directive (2019/2161). This Directive amends four directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive, and the Price Indication Directive. It aims at ensuring a high level of protection for consumers but also at harmonising the national rules for the benefit of internal market. The Commission considers that Belgian national provisions transposing the amendments of the Price Indication Directive go beyond its scope, covering not only movable goods as required by the Price Indications Directive but also services. Belgium therefore does not comply with the Unfair Commercial Practices Directive, which covers all commercial practices, including announcements of price reductions for services, and prevents Member States from adopting stricter rules that go beyond its requirements and those of other EU law. The Commission is therefore sending a letter of formal notice to Belgium, 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
Commission urges IRELAND and SLOVENIA to comply with cross-border judicial procedures on European Arrest Warrant
Today, the European Commission decided to send a reasoned opinion to
Ireland (INFR(2020)2072) and
Slovenia (INFR(2020)2313)
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, and to Slovenia in February 2022. These letters were followed by additional letters of formal notice to Ireland in July 2024, and to Slovenia in March 2024. The Commission identified that Ireland failed to correctly transpose the provisions related to decisions taken following trials in absentia, the determination of competent judicial authorities, the role of the central authority in the context of the EAW procedure, the time limits to take the decision on surrender, and the provisions on competing international obligations. Slovenia failed to correctly transpose the provisions on the optional grounds for refusal to surrender. After having analysed the two Member States’ replies to the letters of formal notice, the Commission considers that its concerns were not addressed. Therefore, the Commission has decided to issue a reasoned opinion to Ireland and Slovenia, 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.
Commission calls on POLAND to correctly transpose EU rules on the right of access to a lawyer
Today, the European Commission decided to send a reasoned opinion to
- Poland (INFR(2024)2073)
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 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. The Commission sent a letter of formal notice on 23 May 2024. After having analysed Poland’s reply to the letter, the Commission considers that its concerns were not addressed. The Polish law falls short of the requirements of the Directive, as it only covers accused or suspected persons once they are informed by formal act, whereas the Directive covers such persons once they become aware of such accusations or suspicions by any means. Furthermore, Polish law allows for the presence of law enforcement in private meetings between the suspect and their lawyer, and for exceptions to lawyer-client privilege, which is against the provisions of the Directive. The Commission also considers that the scope of derogation to the right of access to a lawyer under Polish law is too wide and that Poland did not correctly transpose the requirement to inform the responsible adults when a child is taken into custody. Finally, Poland did not transpose the provisions for the right to a lawyer and the related information exchange in cross-border cases when Poland requests the surrender of persons. Therefore, the Commission has decided to issue a reasoned opinion to Poland, 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.
Commission calls on IRELAND and FINLAND to comply with EU rules on combating racism and xenophobia
The European Commission decided to send a reasoned opinion to
- Ireland (INFR(2024)2205) and to
- Finland (INFR(2020)2320)
for failing to comply with provisions of the Council Framework Decision 2008/913/JHA on combating racism and xenophobia by means of criminal law. The Commission sent letters of formal notice to Ireland in 2024 and to Finland in 2021 and 2023. After having analysed the two Member States’ replies to the letters of formal notice, the Commission considers that its concerns were not fully addressed. The Commission considers that Finland fails to correctly transpose the provisions on public incitement to hatred or violence, as well as on the condoning, denial and gross trivialisation of the Holocaust and other international crimes. While Ireland notified some transposition measures in the meantime, the Commission considers that Ireland still fails to transpose the provisions related to criminalising the public incitement to violence or hatred against a group or a member of such group based on certain characteristics, as well as the conducts of condoning, denial, and gross trivialisation of international crimes and the Holocaust. Therefore, the Commission has decided to issue reasoned opinions to Ireland and Finland, 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.
Referral to the Court of Justice
Commission decides to refer BULGARIA to the Court of Justice of the European Union for incorrectly transposing rules on the right to a lawyer
Today, the European Commission decided to refer
Bulgaria (INFR(2024)2003)
to the Court of Justice of the European Union 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). This case concerned the notification of transposing measures and the completeness of the transposition that has to be addressed at a first stage of the monitoring by the Commission. Further issues were identified regarding the correctness of the transposition. In this respect, the Commission concluded that Bulgaria has incorrectly transposed the scope of the rights under the Directive.
In addition, Bulgaria has incorrectly transposed measures on the effective participation of a lawyer during an interrogation. Moreover, Bulgaria failed to correctly transpose the rules concerning derogations from the right to a lawyer for the interest of an investigation. The Commission has therefore sent a letter of formal notice to Bulgaria in March 2024 and a reasoned opinion in October 2024 calling on Bulgaria to address the remaining grievances. After analysing the replies, the Commission considers that Bulgaria continues to fall short of the requirements of the Directive. The Commission has therefore decided to refer Bulgaria to the Court of Justice of the European Union. More information is available in our press release.
Energy and climate
Letters of formal notice and reasoned opinion
Commission calls DENMARK and urges ESTONIA to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today the European Commission decided to send a letter of formal notice to
- Denmark (INFR(2025)2050) and a reasoned opinion to
- Estonia (INFR(2024)0219)
for failing to fully transpose into national law the provisions of the revised Renewable Energy Directive related to the simplification and acceleration of permitting procedures. The revised Directive (Directive (EU) 2023/2413) amending Directive (EU) 2018/2001) entered into force in November 2023 and certain provisions had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They also include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest. In September 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national law. After having examined on the one hand the transposition measures notified by Denmark and the reply from Estonia, the Commission has concluded that neither Denmark nor Estonia have yet fully transposed the Directive. The Commission is therefore sending a letter of formal notice to Denmark, which now has two months to respond and complete the transposition. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. Upon today’s reasoned opinion to Estonia, the Member State now has two months to respond and take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Reasoned opinion
Commission calls on Member States to accelerate transposing agreed rules to strengthen and expand EU emissions trading
Today, the European Commission decided to send reasoned opinions to
- Belgium (INFR(2024)0009),
- Bulgaria (INFR(2024)0015),
- Czechia (INFR(2024)0027),
- Estonia (INFR(2024)0039),
- Spain (INFR(2024)0051),
- Latvia (INFR(2024)0096),
- Hungary (INFR(2024)0069),
- Poland (INFR(2024)0115),
- Portugal (INFR(2024)0121),
- Romania (INFR(2024)0127),
- Slovenia (INFR(2024)0135) and
- Finland (INFR(2024)0057),
for not transposing or only partly transposing into national law the Directive 2023/959 on the EU Emission Trading System (EU ETS), which had a transposition deadline of 31 December 2023. The revision of the EU ETS Directive, amending Directive 2003/87/EC, strengthens the existing EU ETS rules, extends the ETS to maritime transport, reduces the amount of emission allowances, determines that fewer allowances are to be allocated for free, while strengthening the funds that support decarbonisation within the system.
The Commission also decided to send reasoned opinions to
- Belgium (INFR(2024)0008),
- Bulgaria (INFR(2024)0014),
- Estonia (INFR(2024)0038),
- Spain (INFR(2024)0050),
- Cyprus (INFR(2024)0021),
- Latvia (INFR(2024)0095),
- Hungary (INFR(2024)0068),
- Poland (INFR(2024)0114),
- Romania (INFR(2024)0126),
- Slovenia (INFR(2024)0134) and
- Finland (INFR(2024)0056),
for not transposing or only partly transposing into national law the Directive 2023/958 regarding the revised EU ETS rules applying to the aviation sector, which had a transposition deadline of 31 December 2023. The amendments raise the ambition in the aviation sector and implement the Carbon Offsetting and Reduction Scheme for International Aviation. The complete transposition of these Directives is essential in ensuring the proper functioning of EU ETS, avoiding distortions in the internal market, and to align the system with the 2030 EU climate targets set out in the European Climate Law. In January 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the two Directives into national law. Member States are working on transposition measures of the Directives and respective provisions but those mentioned above have not communicated full transposition or only partially. Therefore, the Commission has decided to issue reasoned opinions to concerned Member States, which now have two months to respond and take the necessary measures to transpose in a complete and correct way. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Commission urges ROMANIA to remove restrictions on the pricing of gas
Today, the European Commission decided to send a reasoned opinion to
- Romania (INFR (2024)2194)
for restricting the freedom of gas producers to determine their wholesale prices of gas in Romania. More specifically, Romania introduced a national measure that obliges gas producers to sell part of their domestic production at a fixed price to customers at wholesale level. Regulated prices at the level of the EU-wide wholesale market distort price signals and effective market functioning and are therefore incompatible with Directive 2009/73/EC concerning common rules for the internal market on natural gas. The Commission sent a letter of formal notice to Romania in October 2024. The Commission considers that the gas pricing related measure restricts the fundamental principles of free price formation in the gas wholesale market, to the detriment of the internal market and consumers. The Commission has therefore 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. Today’s reasoned opinion does not deal with the legality of the Romanian revenue cap for electricity producers, which was also part of the letter of formal notice. This is because several preliminary rulings are pending before the Court of Justice in this regard. Depending on the outcome of these Court cases, the Commission will take a decision whether to pursue the issue further with infringement measures.
Taxation
Letters of formal notice and reasoned opinion
Commission calls on Member States to fully deploy customs electronic systems
The European Commission decided to open infringement procedures by sending letters of formal notice to
- Czechia (INFR(2025)2017),
- Denmark (INFR(2025)2018),
- Greece (INFR(2025)2019),
- Austria (INFR(2025)2015),
- Romania (INFR(2025)2020) and
- Slovakia (INFR(2025)2021)
for failing to meet their obligations to deploy the system for Temporary Storage for air transport and the National Import System. Member States were meant to build and make these systems operational, including by ensuring full migration of the relevant economic operators’ systems, by 31 December 2023 according to the Union Customs Code [Regulation No. (EU) 952/2013] and the UCC Work Programme [Commission Implementing Decision (EU) 2023/2879]. The electronic system for temporary storage allows the relevant declarations to be lodged electronically and is one of the crucial steps to ensure the supervision of goods entering the EU. Once these declarations are launched electronically, the National Import System ensures that relevant measures of both a fiscal and non-fiscal nature are applied to goods imported into the EU. By providing interconnections with various other national applications, the National Import System plays a central role in ensuring, among others, the effective collection of revenues and the protection of the EU’s financial interests, as well as the enforcement of EU level and national prohibitions/restrictions in connection with the import of goods. The Commission is therefore sending letters of formal notice to Czechia, Denmark, Greece, Austria, Romania 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 reasoned opinions.
Commission calls on Member States to transmit complete customs data to the Commission
The European Commission decided to open infringement procedures by sending letters of formal notice to
- Denmark (INFR(2025)2011),
- France (INFR(2025)2012),
- Cyprus (INFR(2025)2010),
- Austria (INFR(2025)2007),
- Portugal (INFR(2025)2013), and
- Romania (INFR(2025)2014)
for failing to transmit complete customs data to the Commission. These Member States were to transmit specific customs data to the Commission through SURV3, an EU-operated digital system accessible to national customs authorities, by 1 January 2024 according to the Union Customs Code [Regulation (Eu) No. 952/2013] and its Implementing Regulation [UCC-IA, Regulation No. 2015/2447]. The SURV3 IT system ensures the collection and monitoring of customs data across the European Union, facilitating the uniform application of customs controls, effective risk management, and compliance with EU border measures. The UCC and the UCC-IA require Member States to transmit a set of 57 standardised data elements in a specified format to SURV3. However, despite initial and extended deadlines to comply with these requirements, the Member States in question continue using outdated formats and reduced datasets. This non-compliance compromises the efficacy and reliability of both EU customs operations, and the regulatory frameworks that support them. The Commission is therefore sending a letter of formal notice to Denmark, France, Cyprus, Austria, Portugal, and Romania, 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 reasoned opinions.
Referrals to the Court of Justice
Commission decides to refer GREECE to the Court of Justice of the European Union for non-compliance with car taxation and registration rules
Today, the European Commission decided to refer
- Greece (INFR(2020)4001)
to the Court of Justice of the European Union for failing to amend its rules on car registration and taxation. The Greek registration tax, imposed on all vehicles, is higher for certain categories of second-hand vehicles purchased in other EU countries than for similar domestic second-hand vehicles. Moreover, the Greek environmental tax applies only to imported second-hand vehicles of certain categories and not to domestic vehicles of the corresponding categories. The Commission considers that the Greek legislation is not compatible with Article 110 TFEU, given that domestic vehicles face lower taxation compared to vehicles from other EU countries. Additionally, Greece prohibits the registration of certain second-hand vehicles brought from other EU countries, without imposing a similar prohibition to the corresponding categories of domestic vehicles. This is a clear restriction to the free movement of goods, contravening Article 34 and Article 36 TFEU. 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.
Commission decides to refer SWEDEN to the Court of justice of the European Union for failing to bring its rules on preliminary income taxation in line with EU law
Today, the European Commission decided to refer
- Sweden (INFR(2023)4007)
to the Court of Justice of the European Union for failing to comply with the freedom to provide services under (Article 56 of the TFEU and Article 36 of the EEA Agreement). Swedish clients paying for work carried out by contractors established in other EU or EEA countries are obliged to withhold a preliminary income tax at a rate of 30% on the remunerations paid to those contractors unless these have been approved by the Swedish tax authority (commonly known as “F-tax approval”). The Commission deems that such an obligation to withhold preliminary income tax by Swedish clients in situations where foreign contractors have no Swedish permanent establishments- and hence no income tax liability in Sweden- infringes the freedom to provide services. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Sweden to the Court of Justice of the European Union. More information is in the press release.
Mobility and Transport
Additional letter of formal notice
Commission calls on ITALY to correctly implement electronic tolling on its entire territory
The European Commission decided to send an additional letter of formal notice to
- Italy (INFR(2020)2318)
for failing to correctly implement the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520). In December 2020, the Commission had issued a letter of formal notice to Italy for failure to ensure the start and the successful conclusion of negotiations between toll chargers and EETS providers so that electronic tolling could be offered to users in the whole of Italy. Meanwhile, some of these negotiations successfully concluded and electronic tolling is now available on most of Italy’s territory. This additional letter of formal notice therefore adjusts the scope of the infringement procedure to the latest developments. The infringement is now limited to the region of Sicily, where there is still no electronic tolling available. Failure to allow EETS providers to operate in Sicily is an obstacle to interoperability between Member States’ electronic road toll systems, and to cross-border enforcement of the obligation to pay road fees in the EU. This means that drivers might be required to have more than one subscription contract, more than a single provider and additional on-board units to drive to or across Italy. The Commission is therefore sending an additional 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.
Reasoned opinion
Commission calls on FRANCE to comply with EU internal market rules on road transport
Today, the European Commission decided to send a reasoned opinion to
- France (INFR(2021)2176)
for failing to comply with Regulation on common rules for access to the international road haulage market (Regulation (EC) No 1072/2009). This concerns its national legislation prohibiting daily and weekly rest periods inside Light Commercial Vehicles (LCVs). The Commission considers that French legislation introducing a ban on spending daily and weekly rest periods inside LCVs is in breach of EU law. The Commission considers that the French rules unjustifiably and disproportionately restrict the freedom to provide road transport services in France and run counter to the objectives of the internal market. Following the letter of formal notice sent in November 2021, France has still not ensured compliance of national rules with the EU legislation on the freedom to provide road transport services. Therefore, the Commission has decided to issue a reasoned opinion to France, 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
Commission decides to refer BULGARIA, GREECE, and POLAND to the Court of Justice of the European Union for failing to transpose EU rules on tolls and vignettes levied for road infrastructure use
Today, the European Commission decided to refer
- Bulgaria (INFR(2024)0150),
- Greece (INFR(2024)0155) and
- Poland (INFR(2024)0169)
to the Court of Justice of the European Union for failing to transpose EU rules on the charging of vehicles for the use of certain infrastructures (Directive (EU) 2022/362). The three Member States did not communicate the transposition of measures by the deadline of 25 March 2024. The Commission sent letters of formal notice on 23 May 2024, followed by reasoned opinions on 16 December 2024, providing for a two-month period after each to respond and to take the necessary measures to comply with the obligation to fully transpose the Directive. In their replies, the Member States presented a calendar for adoption of the transposition measures. However, to date no transposition measure has been notified to the Commission. The Commission considers that the efforts to take necessary measures by the national authorities have, been insufficient and is therefore referring Bulgaria, Greece and Poland to the Court of Justice of the European Union, requesting the imposition of financial sanctions. More information is in the press release.
Commission decides to refer SWEDEN to the Court of Justice of the European Union for failing to fulfil its obligations under EU maritime security acquis
Today, the European Commission decided to refer Sweden (INFR(2022)2206) to the Court of Justice of the European Union for failing to remedy an infringement in relation to the EU’s legal framework on maritime security (Regulation (EC) No 725/2004, Directive 2005/65/EC and Commission Regulation (EC) 324/2008). The legal framework sets security requirements for ships, ports as well as port facilities, and lays out procedures for maritime security inspections. These measures are important to bolster the security of ports against threats of intentional unlawful acts, and to improve the resilience of the EU’s critical infrastructure. The Commission considers that Sweden is not effectively carrying out the administrative and control tasks required for the effective implementation of these maritime security rules, which can put maritime security in the EU at risk. The European Commission sent Sweden a letter of formal notice in February 2023, followed by a reasoned opinion in April 2024. Sweden has failed to resolve the identified deficiencies, nor achieved noticeable progress in resolving them. The Commission is therefore referring Sweden to the Court of Justice of the European Union. More information is in the press release.
Commission decides to refer GERMANY, HUNGARY and AUSTRIA to the Court of Justice of the European Union for not respecting EU rules when voting in the Danube Commission
The European Commission decided to refer
- Germany (INFR(2022)2046),
- Hungary (INFR(2022)2048) and
- Austria (INFR(2022)2045)
to the Court of Justice of the European Union for failing to fulfil their obligation under the EU treaties when adopting, within the Danube Commission, a recommendation on matters that may affect EU rules or alter their scope. During the 96th plenary session of the Danube Commission on 14 December 2021, Germany, Hungary and Austria voted in favour of a decision regarding the recognition of vessel crew documents, which falls under EU legislation (Directive (EU) 2017/2397 and Directive (EU) 2021/1233). They did so before a Council decision establishing the Union position in relation to the envisaged act of the Danube Commission could be adopted (Article 218(9) TFEU) and in spite of the Commission’s request not to vote on that item in the absence of such a Council Decision, thereby violating the EU’s exclusive external competence (Article3(2) TFEU) and the principle of sincere cooperation (Article 4(3) TEU). The Commission sent letters of formal notices to the three Member States, followed by reasoned opinions on 25 July 2024. In their replies, all three Member States contested the Commission’s position. After considering their arguments, the Commission confirmed its conclusion that Germany, Hungary and Austria violated the above-mentioned Articles. Therefore, the Commission has decided to refer Germany, Hungary and Austria, to the Court of Justice of the European Union. More information is in the press release.
Commission decides to refer HUNGARY to the Court of Justice of the European Union for failing to ensure the independence of its rail regulatory body
Today, the European Commission decided to refer
- Hungary (INFR(2021)2092)
to the Court of Justice of the European Union for failing to comply with the Single European railway area Directive (Directive 2012/34/EU) related to the status of the national regulatory body responsible for the Hungarian railway market. In Hungary, the rail regulatory body is set up as an organisational unit of the Ministry of Construction and Transport. However, according to the Directive, Member States must establish an independent rail regulatory body to ensure the correct application of EU rules on rail market access. To guarantee its impartiality and ensure the good functioning of the railway market, this regulatory body must meet several independence requirements. In particular, it must be fully separate from any regulated entity. The European Commission sent Hungary a letter of formal notice in July 2021, followed by a reasoned opinion in November 2023. As Hungary has not taken the necessary measures to ensure compliance with EU law, the Commission has decided to refer it to the Court of Justice of the European Union. More information is in the press release.
Financial Stability, Financial Services, and Capital Markets Union
Letters of formal notice and additional letter of formal notice
Commission calls on Member States to transpose the amendments to the 5th Capital Requirements Directive and to the Whistleblower Directive introduced by the MiCA Regulation
The European Commission decided to open an infringement procedure by sending letters of formal notice to
- Belgium (INFR(2025)2031),
- Bulgaria (INFR(2025)2032),
- the Netherlands (INFR(2025)2037),
- Poland (INFR(2025)2038),
- Portugal (INFR(2025)2039) and
- Romania (INFR(2025)2040)
for failing to transpose the amendments to the 5th Capital Requirements Directive (Directive 2013/36/EU) and to the Whistleblower Directive (Directive (EU) 2019/1937) introduced by the MiCA Regulation (Regulation (EU) 2023/1114). The 5th Capital Requirements Directive lays down prudential requirements for credit institutions, focusing on governance, supervision, capital adequacy, and risk management. The Whistleblower Directive establishes rules and procedures to protect individuals who report breaches of EU law in key policy areas in a work-related context. The seven Member States have failed to notify transposition of the amendments by the 30 December 2024 deadline. The Commission is therefore sending Belgium, Bulgaria, the Netherlands, Poland, Portugal and Romania a letter of formal notice, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response from these Member States, the Commission may decide to issue reasoned opinions.
Commission calls on HUNGARY to correctly transpose the 5th Anti-Money Laundering Directive
Today, the European Commission decided to send an additional letter of formal notice to
- Hungary (INFR(2023)2098)
for having incorrectly transposed the 5th Anti-Money Laundering Directive (Directive (EU) 2018/843). The Commission has identified several key provisions of the Directive incorrectly transposed into national law. The relevant provisions oblige the national Beneficial Ownership register to include information about the owners of private equity funds. Additionally, it mandates that access to this beneficial ownership information should be granted, in all cases, to any person or organisation that can demonstrate a legitimate interest. Investors and general public’s confidence in financial markets depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of companies. Accurate and up-to-date information about the beneficial owners is also key for law enforcement authorities. 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 issue a reasoned opinion.
Digital economy
Reasoned opinions
Commission calls on BULGARIA to comply with the Digital Services Act
The European Commission decided to send a reasoned opinion to
- Bulgaria (INFR(2024)2241)
for failing to empower a national Digital Services Coordinator (DSC) under the Digital Services Act (DSA – Regulation (EU) 2022/2065) and for failure to lay down the rules on penalties applicable to infringements of that Regulation. Member States had to designate and empower a DSC to carry out specific tasks under the DSA and monitor the DSA application in their territory, by 17 February 2024. Full implementation of the DSA is key to ensuring the full benefit for users and service providers within the Member States, for instance to ensure users can lodge complaints against platforms. Bulgaria 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 Bulgaria to the Court of Justice of the European Union.
Commission calls on 19 Member states to fully transpose the NIS2 Directive
Today, the European Commission decided to send a reasoned opinion to 19 Member States (Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Spain, France, Cyprus, Latvia, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland, and Sweden) for failing to notify full transposition of the NIS2 Directive (Directive (EU) 2022/2555). Member States had to transpose the NIS2 Directive into national law by 17 October 2024. The NIS2 Directive aims to ensure a high level of cybersecurity across the EU. It covers entities operating in critical sectors such as public electronic communications services, ICT service management, digital services, wastewater and waste management, space, health, energy, transport, manufacturing of critical products, postal and courier services, and public administration. Full implementation of the legislation is key to further improving the resilience and incident response capacities of public and private entities operating in these critical sectors and the EU as a whole. Therefore, the Commission has decided to issue a reasoned opinion to 19 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.
Referrals to the Court of Justice
Commission decides to refer CZECHIA, SPAIN, CYPRUS, POLAND and PORTUGAL to the Court of Justice of the European Union due to lack of effective implementation of the Digital Services Act
The European Commission decided to refer
- Czechia (INFR(2024)2039),
- Spain (INFR(2024)2165),
- Cyprus (INFR(2024)2016),
- Poland (INFR(2024)2041) and
- Portugal (INFR(2024)2038)
to the Court of Justice of the European Union for failing to designate and/or empower a national Digital Services Coordinator (DSC) under the Digital Services Act (DSA – Regulation 2022/2065). The DSA required Member States to designate and empower a DSC by 17 February 2024 to guarantee effective supervision and enforcement of its rules. Member States are also required to empower their DSCs to enable them to carry out their tasks under the DSA, and to lay down rules on penalties applicable to infringements of that Regulation. DSCs are essential in supervising and enforcing the DSA rules and in ensuring the uniform application of that Regulation across the Union, working in cooperation with the Commission. Poland failed to designate and empower a DSC to carry out its tasks under the DSA. Although Czechia, Cyprus, Spain and Portugal each designated a DSC, they have failed to entrust them with the necessary powers to carry out their tasks under the DSA. The DSA also requires Member States to lay down the rules on penalties applicable to infringements of that Regulation, which all the aforementioned Member States have failed to do. As the Member States have not taken the necessary measures, the Commission has decided to refer the Member States to the Court of Justice of the European Union. More information is in the press release.
Jobs and social rights
Letters of formal notice
Commission calls on AUSTRIA to comply with EU rules on working time
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Austria (INFR(2025)4008) for failing to comply with the EU rules on working time (Directive 2003/88). Austrian law contains less favourable working conditions for workers of the partly state-owned companies Post and Telekom when it comes to minimum daily rest, holiday replacement workers, sick leave and paid annual leave. The Commission considers that the Austrian rules go against the Working Time Directive and therefore, do not ensure the health and safety of workers at Post and Telekom. The Commission is therefore sending a letter of formal notice to Austria, 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.
Commission calls on CZECHIA to ensure equal treatment for part-time workers
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2025)4006) for failing to comply with the principle of non-discrimination of part-time workers (Council Directive 97/81/EC) and the principle of equal treatment between men and women (Directive 2006/54/EC), as clarified in two judgments of the Court of Justice of the EU on equal treatment of part-time workers in relation to overtime in Germany (Judgment of 29 July 2024, Joined Cases C-184/22, C-185/22, and judgment of 19 October 2023, case C‑660/20). Under Czech law, workers who work overtime have a right to supplementary pay or, alternatively, to compensatory time off. Full-time workers receive these benefits from the first hour worked beyond their normal working hours, whereas part-time workers are not entitled to the same benefits when working beyond their contractually agreed hours. In the absence of an objective justification, the Commission considers that this difference in treatment violates the principle of non-discrimination against part-time workers. It also considers that this unequal treatment violates the prohibition of indirect discrimination on the grounds of sex, as a significant larger share of part-time workers are women. 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.
Commission calls on FRANCE and LUXEMBOURG to correctly transpose EU rules on posting of workers
Today, the European Commission decided to send additional letters of formal notice to France (INFR(2018)2232) and Luxembourg (INFR(2021)2060) for failing to bring their national legislation in line with the Enforcement Directive on Posting of Workers (Directive 2014/67/EU). The Directive aims to strengthen the practical application of the rules on posting of workers by addressing issues related to fighting fraud and circumvention of rules, access to information, and administrative cooperation between Member States. It defines the administrative requirements and control measures that Member States may impose to monitor compliance with the rules on posting of workers. It also ensures the effective application and collection of administrative penalties and fines across Member States. After analysing the additional national measures adopted by France and Luxembourg, the Commission considers that there are still provisions of the Directive incorrectly incorporated into national law. It has therefore decided to issue additional letters of formal notice to France and Luxembourg, which now have two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.
Reasoned opinions
Commission urges GREECE to avoid discriminatory employment conditions in public schools
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2024)4013) for failing to bring their national legislation fully in line with the Directive on fixed-term work (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 sent a letter of formal notice to Greece on the matter in July 2024. The explanations provided by Greece in its reply to justify the differences in treatment were unsatisfactory. 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.
Source – EU Commission