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 133 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 and fisheries
Letters of formal notice
The Commission calls on FINLAND to comply with the Water Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Finland (INFR(2024)2196) 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 use such as, for instance, water abstraction or hydroelectricity production. Member States are required to periodically review and update these controls, including any water permits granted for these purposes. Full implementation of the water quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. In Finland, periodic reviews do not fully conform with the requirements of the control measures over different types of water use as laid out in the Water Framework Directive. The Commission is therefore sending a letter of formal notice to Finland, 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 PORTUGAL to ensure proper collection and treatment of urban waste water
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2024)2193) for failing to fully comply with the obligations set in the Urban waste-water treatment Directive (Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water is collected and treated before being discharged into the environment. Untreated waste water can put human health at risk and pollute lakes, rivers, soil, and coastal and groundwater. To date, in 20 agglomerations in Portugal, the urban waste water which enters the collecting systems is not properly treated before being discharged. Furthermore, three agglomerations are discharging urban waste water in sensitive areas without the required more stringent treatment. The Commission is therefore sending a letter of formal notice to 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 BULGARIA, GREECE, HUNGARY, ROMANIA, SLOVENIA, and SLOVAKIA to comply with the reporting obligations under the Noise Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to
- Bulgaria (INFR(2024)2203),
- Greece (INFR(2024)2198),
- Hungary (INFR(2024)2199),
- Romania (INFR(2024)2200),
- Slovenia (INFR(2024)2201) and
- Slovakia (INFR(2024)2202)
for failing to comply with 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 strategic noise maps serve as a basis for defining measures to help reduce noise pollution in the noise action plans. Member States are also required to inform the Commission of the findings of the strategic noise maps so that it can draw up a report covering the situation of noise exposure in the EU. These six Member States have failed to report to the Commission all relevant information on the strategic noise maps, including noise exposure of the population. The Commission is therefore sending letters of formal notice to Bulgaria, Greece, Hungary, Romania, Slovenia and Slovakia, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on FRANCE 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 France (INFR(2024)2096) for failing to correctly transpose the Single-Use Plastics Directive (Directive (EU) 2019/904). The Single-Use Plastics Directive (SUPD) is an essential element of the Commission’s Plastics Strategy and the Circular Economy Action Plan. It 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. Full implementation of sustainable practices enshrined in the Directive are key to effectively protect human health, natural environments and ensure a successful transition towards a more sustainable circular economy. France has not correctly and completely transposed several provisions of the Directive into national law. In particular, the French law does not transpose in a sufficiently clear and precise manner several definitions set out in the Directive, such as the definition of producer. Furthermore, it does not ensure that the producers of certain beverage bottles covered by the SUPD are subject to the requirements laid down in the Directive. The Commission is therefore sending a letter of formal notice to France, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission calls on AUSTRIA to improve its national rules on the prevention of major accidents involving dangerous substances
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2020)2104) for failing to bring its national legislation fully in line with the Directive on the control of major-accident hazards involving dangerous substances (‘Seveso III’) (Directive 2012/18/EU). This Directive applies to over 12,000 industrial installations across the European Union and lays down rules to prevent major industrial accidents and minimise their harmful impacts on human health and the environment. Sectors like the chemical and petrochemical industry, and the fuel wholesale and storage sectors are covered by its scope. Different safety regimes apply, depending on the amount of dangerous substances present, with stricter legal requirements applying to installations handling high amounts. The Commission sent a letter of formal notice to Austria in May 2020 and an additional letter of formal notice in February 2023. In response, Austria took further steps to transpose the Directive. However, the obligation of the operators to notify essential information and the safety report to the competent authority are not fully transposed in Austrian law. In addition, the region of Tyrol restricts access to justice in a way that is incompatible with the established jurisprudence of the Court of Justice of the European Union. 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 LATVIA to improve its rules on species protection
Today, the European Commission decided to send a reasoned opinion to Latvia (INFR(2021)2260) for failing to bring its national legislation into line with the Habitats Directive (Directive 92/43/EEC). The Directive requires Member States to establish a system to monitor the incidental capture and killing of strictly protected species. Based on the information gathered, Member States must then undertake further research or implement conservation measures to ensure that incidental capture and killing does not have a significant negative impact on the species concerned. The Commission sent a letter of formal notice to Latvia in April 2022 concerning the incorrect transposition of the species protection provisions laid down by the Habitats Directive in relation to the Eurasian lynx. Latvia has amended its legislation and removed the lynx from the list of huntable species and included it into the national list of strictly protected species. However, Latvia still fails to correctly transpose the requirements on the monitoring of incidental capture and the killing of strictly protected species as well as the granting of derogations. Therefore, the Commission has decided to issue a reasoned opinion to Latvia, 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 ensure protection of habitats and species
Today, the European Commission decided to send a reasoned opinion to Romania (INFR(2020)2297) for failing to fully transpose the Habitats Directive (Directive 92/43/EEC) into national law. The Directive is one of Europe’s primary tools for protecting biodiversity. The Romanian legislation does not explicitly mention that conservation measures contained in management plans need to take into account the ecological requirements of the natural habitat types and species present on the sites. This has a direct impact on the quality of the management plans as they may not contain the necessary measures to protect these habitat types and species. The national law also limits the scope of a key provision of the Directive to activities within Natura 2000 sites. This excludes all other potential causes of deterioration or disturbance originating outside the sites. The Commission sent a letter of formal notice to Romania in October 2020. Romania submitted two draft laws addressing the grievances raised by the Commission, but none have been adopted so far. Therefore, the Commission has decided to issue a reasoned opinion to Romania, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Additional reasoned opinion
The Commission calls on SWEDEN to communicate its measures transposing the Drinking Water Directive
Today, the European Commission decided to send an additional reasoned opinion to Sweden (INFR(2023)0098) for failing to communicate its national laws transposing the recast Drinking Water Directive (Directive (EU) 2020/2184). The Directive improves the protection of human health through updated water quality standards, tackling pollutants of concern, such as endocrine disruptors and microplastics, and ensuring clean tap water. It also addresses the issue of water leakage. Additionally, the Directive includes new provisions that require Member States to improve and maintain access to drinking water. Member States had to transpose the Directive into national law and comply with its provisions by 12 January 2023. Having failed to do so led the Commission to send a letter of formal notice to Sweden in March 2023 followed by a reasoned opinion in December 2023. Further assessment of the Swedish legislation has identified additional obligations for which Sweden has failed to communicate to the Commission, such as the transposition of the parameters relevant for the risk assessment of domestic distribution systems. The Commission is now expanding the scope of its grievances to include these issues to those raised in the reasoned opinion of 20 December 2023. Therefore, the Commission has decided to issue an additional reasoned opinion to Sweden, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referral to the Court of Justice
The Commission decides to refer PORTUGAL to the Court of Justice of the European Union to improve its rules on pollution arising from industrial activities
Today, the European Commission decided to refer Portugal (INFR(2022)2085) to the Court of Justice of the European Union for failing to bring its national legislation fully in line with the Industrial Emissions Directive (Directive 2010/75/EU). Industrial activities can have a significant impact on the environment and health. The Directive lays down rules that include preventing or reducing emissions into air, water and soil and preventing waste generation. Portugal has not brought the definitions of ‘hazardous substances’ and of ‘existing installation’ laid down in its national legislation fully in line with the Directive. Moreover, Portugal has not clearly defined the obligations for the operators of industrial installations or the competent authorities to take appropriate action in case of incidents or accidents. Certain requirements have not been transposed into national law, notably in relation to the reconsideration and update of permit conditions, the content of the permit for waste incineration plants, the assessment of compliance with emission limit values and to information that must be submitted in case of an installation with likely significant transboundary effects. The Commission sent a letter of formal notice to Portugal in September 2022, followed by a reasoned opinion in September 2023. Even though the Commission accepted some explanations provided by Portugal concerning some of the grievances initially raised, the Portuguese authorities have not addressed all grievances. The Commission considers that efforts by the Portuguese authorities have, to date, been insufficient and is therefore referring Portugal 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 LUXEMBOURG to comply with EU rules on the freedom of establishment
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Luxembourg (INFR(2024)2216) for non-compliance of national legislation with the EU rules on freedom of establishment. These EU rules ensure that companies do not face unjustified barriers when they wish to establish in a Member State. In particular, the Commission considers that Luxembourg fails to comply with the Services Directive (2006/123/EC) and with the Treaty on the Functioning of the European Union. The Luxembourgish regulations require a general authorisation for the establishment of any natural or legal persons exercising independent craft, trade, industrial professions or certain liberal professions. Furthermore, one of the conditions for obtaining this establishment authorisation is that the entity’s manager must regularly be physically present in the premises in Luxembourg. The Commission is of the view that these requirements constitute unjustified barriers to the freedom of establishment and are thus contrary to EU rules. The Commission is therefore sending a letter of formal notice to Luxembourg, 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 CYPRUS to correctly transpose the Professional Qualifications Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Cyprus (INFR(2024)4019) for non-compliance of national legislation with the Professional Qualifications Directive (Directive 2005/36/EC as amended by Directive 2013/55/EU), regarding architects with acquired rights, meaning those allowed to practice under specific provisions. According to the Commission, these rules prevent these architects from joining the professional chamber like other Cypriot-issued architects, limiting their benefits and practice conditions. The Commission is therefore sending a letter of formal notice to Cyprus, 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 GREECE to comply with EU rules on recognition of professional qualifications
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2023)4003) for non-compliance of national rules with the EU legislation on the recognition of professional qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU) and with the Treaty on the functioning of the European Union. Under Greek law, professionals qualified as career counsellors in other EU Member States must first obtain academic recognition of their degree before being allowed to work in Greece. This requirement conflicts with EU rules on professional qualifications, which ensure that qualifications are assessed thoroughly and promptly. Following the letter of formal notice sent in April 2023, Greece has still not ensured compliance of national rules with the EU legislation on the recognition of professional qualifications. Therefore, the Commission has 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.
Migration, Home Affairs and Security Union
Letters of formal notice
The Commission calls on AUSTRIA to correctly transpose the provisions of the Firearms Directive
The European Commission has opened an infringement procedure by sending a letter of formal notice to Austria (INFR(2024)2207), for failing to correctly transpose the provisions of the Firearms Directive (Directive (EU) 2021/555) as well as Commission Implementing Directive (EU) 2019/68 on technical specifications for marking of firearms and Commission Implementing Directive (EU) 2019/69 on alarm and signal weapon. 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. The rules allow for the lawful use and movement of firearms, essential components and ammunition for civilian use within the EU. At the same time, they keep high standards of security and protection against criminal acts and illicit trafficking of firearms. Commission Implementing Directive (EU) 2019/68 sets rules on the marking of firearms to increase the traceability of firearms and facilitate the safe transfer of firearms and essential components. Commission Implementing Directive (EU) 2019/69 sets technical specifications for alarm and signal weapons (which only discharge blank ammunition or irritants) to avoid them being illegally converted into lethal firearms. 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.
Reasoned opinions
The Commission calls on HUNGARY to align its national legislation with the EU ‘Facilitators Package‘
Today, the European Commission decided to send a reasoned opinion to Hungary (INFR(2023)2095) 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 (i.e. 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 general conversion of custodial sentences related to migrant smuggling offences into a “reintegration detention”. This implies that convicted persons are released from prison even if they might have served only a minor period of their sentence. These persons are then 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. The Government Decree does not provide adequate guarantees regarding the conditions, monitoring and enforcement of the “reintegration detention” outside Hungary. The application of the sentence in the other Member State is therefore not ensured. The Commission considers that such shortened sanctions applicable to persons sentenced for migrant smuggling offences are neither effective nor dissuasive and without regard to the circumstances of the cases at hand. The Commission launched the infringement procedure in July 2023 by sending a letter of formal notice to Hungary. The Commission considers that the reply of Hungary does not fully address the concerns on the legislation and practices followed by Hungary, as raised in the letter of formal notice. Therefore, the Commission has decided to issue a reasoned opinion to Hungary, 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 CZECHIA to fulfil certain obligations under the Visa Code
Today, the European Commission decided to send an additional reasoned opinion to Czechia (INF(2012)2239), for failing to comply with Articles 32(3) and 35(7) of the Visa Code (visa refusal) read in the light of Article 47 of the Charter. The Visa Code is the main EU legislation on visa policy, setting out procedures and conditions for issuing short-stay visas for visits of no more than 90 days in any 180-day period. It also sets out rules on airport transit visas. The Visa Code establishes the obligation of Member States to provide for a right of appeal against a visa refusal/annulment/revocation. In addition, the EU Charter of Fundamental Rights grants individuals the right to an effective remedy before a tribunal, when rights and freedoms under Union law are violated. The Commission considers that the Czech legislation still does not fully comply with requirements set out in the Visa Code and the obligations under the Charter of Fundamental Rights of the European Union. The contested provisions of the Czech national law concerned limit the scope of judicial review. The grounds for visa refusal (internal security, public order etc.) specified in the national provisions are excluded from judicial review. Therefore, the Commission has decided to issue a reasoned opinion to Czechia, 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 ESTONIA to the Court of Justice of the European Union for failing to provide effective judicial remedy against a visa refusal
Today, the European Commission decided to refer Estonia (INFR(2012)2242) to the Court of Justice of the European Union for failing to provide effective judicial remedy against a visa refusal, annulment or revocation. The Visa Code requires Member States to provide for a right of appeal against a visa refusal, annulment or revocation, which should be implemented in line with the EU Charter of Fundamental Rights in particular Article 47 which grants individuals the right to an effective remedy before a tribunal, when rights and freedoms under Union law are violated. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Estonia 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 GREECE, LUXEMBOURG, MALTA, SLOVENIA, SLOVAKIA, and SWEDEN to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)2209), Luxembourg (INFR(2024)2215), Malta (INFR(2024)2214), Slovenia (INFR(2024)2211), Slovakia (INFR(2024)2210) and Sweden (INFR(2024)2208) for failure to correctly transpose the Directive on strengthening the presumption of innocence and the right to be present at the trial in criminal proceedings (Directive 2016/343/EU). The Directive is one of six Directives adopted by the EU to create common minimum standards ensuring a fair trial and that the rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the six Member States fall short of the requirements of the Directive. In particular, the Commission found that the measures notified by Greece and Luxembourg do not correctly transpose the provisions of the Directive on public references to guilt and trials in absentia. In addition, Luxembourg failed to correctly transpose the provisions on the use of physical restraint in court or in public, on the consequences of the use of the right to silence and the right not to incriminate oneself, as well as on remedies available in case of breaches of the rights enshrined in the Directive. The Commission found that the transposition measures notified by Malta do not reflect the Directive’s requirement that any exclusion of a person from trial, where necessary to ensure the proper conduct of the criminal proceedings, should be temporary. With regards to Sweden, Slovenia and Slovakia, the Commission considers that they failed to correctly transpose a number of provisions of the Directive, namely: the presumption of innocence (Sweden and Slovenia), the prohibition of public references to guilt, the use of measures of physical restraint in court or in public (Slovenia), the burden of proof, the consequences of the use of the right to silence and not to incriminate oneself (Sweden and Slovenia), certain provisions of trials in absentia, and on remedies in case of breaches of the rights enshrined in the Directive. The Commission is therefore sending letters of formal notice to Greece, Luxembourg, Malta, Slovenia, Slovakia, 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.
The Commission urges CZECHIA to comply with EU law guaranteeing equality between persons irrespective of racial or ethnic origin
Today, the European Commission decided to send an additional letter of formal notice to Czechia (INFR(2014)2174) for failing to comply with the Racial Equality Directive (Council Directive 2000/43/EC). The Directive strictly prohibits discrimination on grounds of racial or ethnic origins in key areas of life, including education. It is a cornerstone of efforts to build a Union of Equality. The Commission sent a letter of formal notice to Czechia in September 2014 calling to address the disproportionate and systemic placement of Roma pupils in separate schools for children with disabilities. Since then, Czechia put an end to the “special or practical schools” regime. However, the Commission’s findings show that Roma children are still overrepresented in separate classes or schools for pupils with mental / physical impairments or severe developmental or behavioral disorders. Furthermore, many Roma children who attend mainstream education in Czechia are also segregated in separate classes or schools, for example, in separate Roma-only classes or in Roma-only schools with lower education. The Commission is therefore sending an additional 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.
Letters of formal notice and reasoned opinion
The Commission calls on BULGARIA, ESTONIA and IRELAND to correctly transpose EU law combating racism and xenophobia
Today, the European Commission sent a letter of formal notice to Ireland (INFR(2024)2205) and reasoned opinions to Bulgaria (INFR(2020)2321) and Estonia (INFR(2016)2048) for only partially and incorrectly transposing the Council Framework Decision on combating racism and xenophobia (Council Framework Decision 2008/913/JHA). The aim of the Framework Decision is to ensure that serious manifestations of racism and xenophobia, such as public incitement to violence or hatred, are punishable by effective, proportionate, and dissuasive criminal penalties throughout the European Union. The Commission considers that Ireland has not fully transposed the provisions related to incitement to hatred or violence, including the condoning, denial or gross trivialisation of international crimes and the Holocaust. The Commission also sent a letter of formal notice to Estonia in October 2020 and to Bulgaria in February 2021. The Commission considers that Estonia and do not correctly transpose the provisions related to the definition of the offence of incitement to hatred or violence, including the condoning, denial or gross trivialisation of international crimes and the Holocaust. Moreover, Bulgarian, Estonian and Irish laws do not, or not correctly, qualify the racist or xenophobic motivation as aggravating factors for all criminal offences or ensure that national courts can take this motivation into account when defining the sentences. The 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 send a reasoned opinion to Ireland as well as to refer Bulgaria and Estonia to the Court of Justice of the European Union.
Reasoned opinions
The Commission calls on BULGARIA 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 a reasoned opinion to Bulgaria (INFR(2024)2003) 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 considers that Bulgaria has failed to correctly transpose into its national law several elements of the Directive: provision on the scope of application of the procedural rights and on the effective participation of the lawyer during questioning; and on the derogations from the right of access to a lawyer due to investigative needs. The Commission sent a letter of formal notice to Bulgaria on 13 March 2024. The grievance related to the scope of application of procedural rights is a systemic issue that concerns also the other procedural rights Directives. Therefore, the Commission has decided today to issue a reasoned opinion to Bulgaria, which now has two months to respond and take the necessary measures addressing the shortcomings identified by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission urges BULGARIA and SWEDEN to comply with cross-border judicial procedures on European Arrest Warrant
Today, the European Commission has decided to send a reasoned opinion to Sweden (INFR(2020)2362) and an additional reasoned opinion to Bulgaria (INFR(2021)2262) 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 Sweden in February 2021 and to Bulgaria in February 2022. Moreover, the Commission sent a reasoned opinion to Bulgaria in July 2023. The Commission has concluded that Sweden has failed to fully or correctly transpose into its national law the following provisions of the Directive: on the right to a retrial after an in absentia judgment; on privileges and immunities; on the ground for refusal based on lack of double criminality in conjunction with the provision on the possibility of a hearing pending a decision on the EAW. Bulgaria notified new national legislation that resolved previously identified grievances. However, other amendments to national law raise new issues of conformity with the Directive, which is why the Commission sent an additional letter of formal notice to Bulgaria on 24 April 2024. The Commission considers that Bulgaria failed to correctly transpose provisions on the decision to keep the requested person in detention and the material conditions necessary for effective surrender of the requested person. The Commission is therefore sending a reasoned opinion to Sweden and an additional reasoned opinion to Bulgaria, 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 refer Bulgaria and Sweden to the Court of Justice of the European Union.
Referrals to the Court of Justice
The Commission decides to refer HUNGARY to the Court of Justice of the European Union considering its national law on the Defence of Sovereignty to be in breach of EU law
Today, the European Commission decided to refer Hungary to the Court of Justice because it considers its national law on the “Defence of Sovereignty” to be in breach of EU law. This national law establishes an “Office for the Defence of Sovereignty”, tasked with investigating specific activities said to be carried out in the interest of another State or a foreign body, organisation or natural person, allegedly liable to violate or jeopardise the sovereignty of Hungary; and organisations whose activities using foreign funding allegedly influence the outcome of elections or the will of voters. In February 2024, the Commission sent a letter of formal notice to Hungary raising its concerns. Finding that the response provided by Hungary to its letter of formal notice was unsatisfactory, in May 2024, the Commission sent a reasoned opinion reiterating the grievances concerning the violation of the fundamental rights enshrined in the EU Charter of Fundamental Rights, the Internal Market Fundamental Freedoms, and EU Data protection legislation. In response to this reasoned opinion, Hungary claimed that the Law on the Defence of Sovereignty does not infringe EU Law and that the concerns raised were unfounded. After carefully assessing the reply of the Hungarian authorities, the Commission maintains that most of the grievances identified have still not been addressed. More information is available in our press release.
Energy and climate
Letters of formal notice and additional letter of formal notice
The Commission calls on ROMANIA to remove restrictions on the pricing and export of electricity and gas
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2024)2194) for restricting the freedom of market participants to determine their wholesale prices of electricity and gas as well as the export of gas. More specifically, Romania introduced national measures that require certain electricity producers to contribute all revenues above a specific price threshold to an energy transition fund and oblige gas producers to sell part of their production at fixed prices to certain customers. These national measures are incompatible with Directive (EU) 2019/944 and Regulation (EU) 2019/943 on the internal market for electricity as well as with Directive 2009/73/EC concerning common rules for the internal market on natural gas. The measures at issue limit the freedom of the electricity and gas producers to determine their wholesale prices in Romania. The Commission therefore considers that these measures restrict the fundamental principles of free price formation as well as free cross-border trade in wholesale electricity and gas markets. Romania now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls again on ROMANIA to remove restrictions on the pricing and export of electricity
Today, the Commission also decided to follow up on an open infringement procedure by sending an additional letter of formal notice to Romania (INFR(2023)2032) for restricting the export of electricity and limiting the freedom of market participants to determine their wholesale prices. The Commission considers the national measure at issue to be incompatible with Articles 35 and 36 of the Treaty on the Functioning of the European Union (TFEU), as well as Directive (EU) 2019/944 and Regulation (EU) 2019/943 on the internal market for electricity. The Commission considers that the measure has an equivalent effect to a quantitative restriction on exports. For the same reasons, the measure is also considered to violate the above-mentioned Electricity Directive and the Electricity Regulation. The Commission further considers that the measure restricts the fundamental principle of free price formation in wholesale electricity markets. Today’s additional letter of formal notice follows the opening of the infringement procedure in April 2023. Following changes to the legislation in Romania that did not address the Commission’s concerns, and which raised new issues, the Commission has decided to send an additional letter of formal notice. Romania now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission urges CZECHIA and FRANCE to fully transpose EU rules on the internal electricity market
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR(2022)2033) and France (INFR(2022)2103) for not having fully transposed EU rules for the internal electricity market set out in the Directive (EU) 2019/944, amending Directive 2012/27/EU. The Directive lays down key rules regarding the organisation and functioning of the EU electricity sector to create integrated, competitive, consumer-centred, flexible, fair and transparent electricity markets across the EU. The deadline to transpose the Directive into national law was 31 December 2020. The Commission sent a letter of formal notice to Czechia in May 2022 and to France in September 2022, after concluding that not all the provisions of the Directive had been transposed into their national legislation. Having examined the replies from the Member States concerned as well as the national transposition measures notified, the Commission considers that these Member States have still not fully transposed the Directive. The two Member States concerned now have two months to take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
The Commission urges AUSTRIA to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2021)0133) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy to be cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling, and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent Austria a letter of formal notice for not having transposed the Directive on time. After that, Austria has notified legislative measures aimed at transposing the Directive. Still, after having examined them, the Commission considers that several provisions of the Directive are still not transposed, or not fully transposed, at federal and regional level. The Commission has therefore decided to issue a reasoned opinion. Austria now has two months to 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.
Taxation and Customs Union
Letters of formal notice
The Commission calls on HUNGARY to abolish its retail tax regime to comply with the right of establishment
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)4022) for failing to bring its retail tax regime in line with the freedom of establishment guaranteed by Articles 49 and 54 of the Treaty on the Functioning of the European Union. Due to the current design of the retail tax regime, foreign controlled retail companies operating in Hungary as integrated companies or linked undertakings, are subject to high and steeply progressive tax rates on their turnover. Domestic retailers of a comparable size operating on the Hungarian market under their respective brands and logos via franchise systems are not subject to the same highest rates because their turnover is not consolidated for taxation purposes. Notably, the regime prevents the foreign controlled retail companies from restructuring their business operations like those of comparable domestic retail companies. Therefore, the retail tax regime constitutes a restriction to the freedom of establishment. According to the 2023 and 2024 Country Specific Recommendations (CSR) to Hungary, this tax disproportionally burdens larger foreign companies, similarly to other sector-specific taxes introduced in the recent years and affecting the internal market. Therefore, Hungary, as part of its Recovery and Resilience Plan (RRP) committed to phase out the retail tax regime, which has initially been introduced to increase the contribution of the retail sector to public finances. Despite its unequivocal political commitment in its RRP, Hungary has so far failed to phase out the surtax on the retail sector. On the contrary, Hungary has consistently prolonged this tax measure without indicating a clear timeline for expiry so far, and has, over time, increased the highest tax rates applicable under the retail tax regime. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and address the issues raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on MALTA to provide effective assistance to recovery claims from other Member States
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Malta (INFR(2024)2204) for failing to provide effective assistance to recovery claims relating to taxes, duties and other measures from other Member States. The Maltese legislation does not consider a claim from another Member State to be an executive claim. Such a claim needs to be recognised by national courts before enforcement actions can be taken. This requirement is contrary to Article 12 (1) of the recovery Directive 2010/24, which grants the enforcement instrument executive powers and prevents Member States from making it dependent of further recognition at national level. Furthermore, Malta failed to apply the recovery Directive correctly and to provide assistance. The Commission is therefore sending a letter of formal notice to Malta, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission calls on GERMANY to bring its rules on tax advantages regarding voluntary pension savings contracts (Riester-Rente) in line with EU law
Today, the European Commission decided to send a reasoned opinion to Germany (INFR(2022)4014), for not having brought in line with EU law the rules on tax advantages regarding voluntary pension savings contracts (Riester-Rente). The current rules deny German residents employed in another EU/EEA State a pension-savings bonus and a special tax deduction for pension-savings contracts concluded after 1 January 2010. To benefit from these advantages, an individual currently needs to be subject to the German statutory pension scheme. In general, it is compulsory for an employee to be insured under the social security system of a single Member State, which is in principle the state of their employment. Therefore, a person who resides in Germany but works in another EU/EEA State is subject to the social security legislation of the Member State where they work and cannot choose to contribute to the German statutory pension scheme. Such a worker can nevertheless decide to take part in a voluntary pension scheme in Germany, by concluding a voluntary pension-savings contract. However, such a worker, who is otherwise taxed on their foreign employment income in Germany, will be excluded from the tax related advantages of this particular contract. The German legislation therefore constitutes a restriction on the free movement of workers, guaranteed in Article 45 of the TFEU and Article 28 of the EEA Agreement. Therefore, the Commission has decided to issue a reasoned opinion to Germany, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referral to the Court of Justice
The Commission decides to refer SPAIN, CYPRUS, POLAND and PORTUGAL to the Court of Justice of the European Union for failing to notify measures transposing into national law the Council Directive (EU) 2022/2523 (Pillar 2 Directive)
Today, the European Commission decided to refer Spain (INFR(2024)0049), Cyprus (INFR(2024)0020), Poland, (INFR(2024)0113) and Portugal (INFR(2024)0119) to the Court of Justice of the European Union for failing to notify measures for the transposition into national law of Council Directive (EU) 2022/2523 of 15 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the European Union (Pillar 2 Directive). The transposition of the Directive is key for the effective implementation in the European Union of Pillar 2, the minimum taxation component of the G20/OECD’s reform of international taxation. Pillar 2 will limit the race to the bottom in corporate tax rates. The profit of the large multinational and domestic groups or companies with a combined annual turnover of at least €750 million will be taxed at a minimum effective tax rate of 15%. The Commission considers the implementation of the Pillar 2 rules a priority because it will help reduce the risk of tax base erosion and profit shifting and ensure that the largest multinational groups pay the agreed global minimum rate of corporate tax. All EU Member States were required to bring into force the laws necessary to comply with the Pillar 2 Directive by 31 December 2023, and communicate the text of those measures to the Commission immediately. These measures are applicable in respect of the fiscal years beginning from 31 December 2023. To date, almost all EU Member States have met these obligations. However, the national implementing measures still have not been notified by Spain, Cyprus, Poland, and Portugal. The Commission acknowledges that significant efforts are being made by the authorities to finalise their Pillar 2 national implementing legislation but, to date, these Member States have not notified the transposition measures and therefore it is taking a formal step to refer Spain, Cyprus, Poland and Portugal to the Court of Justice of the European Union for lack of transposition of the relevant EU provisions. More information is in the press release.
Mobility and Transport
Letter of formal notice under Article 260(2) TFEU
The Commission calls on GREECE to comply with Court of Justice judgement on compliance with EU rules on data link services provision
The European Commission decided to send a letter of formal notice to Greece (INFR(2020)2050) for failing to implement swiftly and effectively the judgement of the Court of Justice of the European Union of 18 April 2024 on data link services (Case C-599/22). The Court’s ruling determined that Greece did not implement the required measures to ensure its designated air traffic service provider complies with the operation of data link services requirements. These services enable real-time, secure, and efficient communications between air traffic control units and aircraft and are crucial for maintaining safe and efficient air traffic management. They allow for continuous monitoring and coordination of flight paths, as well as the transmission of critical information such as weather updates, flight plans, and aircraft performance data. Following an exchange of letters with the Greek authorities, the Commission has concluded that the measures taken by Greece to date are insufficient to end the infringement as declared by the Court. The Commission may issue a formal letter under Article 260(2) TFEU if a Member State fails to implement a Court judgment. 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 again refer the case to the Court, as provided for in Article 260(2) TFEU, and request that financial penalties be imposed upon Greece.
Reasoned opinions
The Commission calls on MALTA to correctly apply EU law in relation to port workers
Today, the European Commission decided to send a reasoned opinion to Malta (INFR(2022)4020) due to incorrect application of EU law in its port workers regime. The Maltese port workers regime includes a quota and authorisation system for all port workers, with a preferential scheme for family members of current port workers. The European Commission holds concerns that Malta’s legal and regulatory framework for labour in its ports does not adhere to Articles 45, 49, and 56 of the Treaty on the Functioning of the EU, which cover the free movement of workers, freedom of establishment, and freedom to provide services. The Commission sent a letter of formal notice to Malta in September 2022. In their response, Malta acknowledged the existence of a quota and authorisation system for all port workers, as well as a preferential scheme for family members of current port workers. This means that companies can hire among the 400 port workers listed in the Port Workers Register but if those workers do not meet the employers’ requirements, the companies must hire among the relatives of these 400 port workers. Only if the relatives do not meet the requirements can the employers choose their staff freely. The Maltese authorities provided justifications for their regime, but the Commission still believes the Maltese scheme violates EU law. Therefore, the Commission has decided to issue a reasoned opinion to Malta, 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 urges AUSTRIA and GERMANY to fully implement the Directive on hired vehicles without drivers for road freight transport
Today, the European Commission decided to send a reasoned opinion to
- Germany (INFR(2023)0201) and
- Austria (INFR(2023)0184),
urging them to fully transpose Directive (EU) 2022/738 into their national laws. This Directive aims to regulate the use of rented or leased vehicles without drivers for road freight transport, ensuring safety, fair competition, and compliance with existing EU rules. It also defines the conditions under which vehicles hired or leased without drivers are allowed in international freight transport and provides a framework for cooperation between Member States and authorities to strengthen enforcement. Germany and Austria have not yet notified the Commission of all necessary measures to implement this Directive. Therefore, the Commission has decided to issue a reasoned opinion to Austria and Germany, 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
The Commission decides to refer DENMARK and SPAIN to the Court of Justice of the European Union for not transposing rules on inland navigation qualifications and third-country certificate recognition
Today, the European Commission decided to refer
- Denmark (INFR(2022)0207); (INFR(2022)0210) and
- Spain (INFR(2022)2042); (INFR(2022)0216)
to the Court of Justice of the European Union for not transposing Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation, as well as for not implementing Directive (EU) 2021/1233, which amends Directive (EU) 2017/2397, regarding transitional measures for recognising certificates from non-EU countries in inland navigation. Directive (EU) 2017/2397 defines the certification standards and procedures for personnel operating inland waterway vessels within the EU, and the recognition of these qualifications among Member States. It also outlines transitional measures for certificates, service records, and logbooks issued before the Directive’s transposition deadline to remain valid. Directive (EU) 2021/1233 establishes provisions for a seamless transition to recognising third-country documents and ensuring a level of consistency and cooperation between EU Member States and non-EU countries for an integrated and efficient inland waterway transport system across Europe. Denmark and Spain failed to notify the Commission of relevant measures taken to transpose the two Directives into their national laws. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Denmark and Spain to the Court of Justice of the European Union. More information is available in the press release.
The Commission decides to reduce financial penalties for BULGARIA in response to its partial transposition of EU rules on European electronic tolling
Today, the Commission decided to lower the financial penalties it proposed to the European Court of Justice against Bulgaria (INFR(2021)0517) in response to Bulgaria’s partial transposition of the European Electronic Tolling Service (EETS) Directive. In April 2023, the Commission had referred Bulgaria to the Court of Justice of the European Union for not having transposed the EETS Directive (Directive (EU) 2019/520). The lack of transposition creates interoperability issues between Member States’ electronic toll systems and hinders cross-border enforcement of road fees. It also means that drivers might be required to have more than one subscription contract, single provider and on-board unit to drive to or across Bulgaria. The transposition deadline for this Directive was 19 October 2021. The Commission started the infringement proceedings against Bulgaria in November 2021. Since Bulgaria remained in breach of its obligation to transpose the Directive, the Commission decided to refer the case to the Court in April 2023, with a proposal to impose financial sanctions. Since then, Bulgaria has transposed part of the Directive. The Commission is therefore proposing to the Court a reduction of the penalties originally proposed to reflect this partial transposition and Bulgaria’s effort.
Financial Stability, Financial Services and Capital Markets Union
Letters of formal notice
The Commission calls on HUNGARY and SLOVAKIA to correctly transpose the Transparency Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to
- Hungary (INFR(2024)2218) and
- Slovakia (INFR(2024)2219)
for failing to transpose completely the Transparency Directive (Directive 2004/109/EC as amended by Directive 2013/50/EU). Hungary has failed to ensure correct transposition of the provisions related to the imposition of sanctions on issuers failing to make their reports on payments to governments public. Slovakia has failed to ensure the correct transposition of rules concerning the duty of cooperation of national competent authorities when exercising their powers to sanctions and investigate in cross-border cases. The Transparency Directive as amended by Directive 2013/50/EU harmonizes the periodic information disclosure requirements for issuers whose securities are trading on a regulated market. The Commission is therefore sending a letter of formal notice to Hungary 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 GERMANY, ITALY and AUSTRIA to correctly transpose the Insurance Distribution Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Germany (INFR(2024)2222),
- Italy (INFR(2024)2221) and
- Austria (INFR(2024)2220)
for failing to correctly transpose the provisions of the Insurance Distribution Directive (Directive (EU) 2016/97). The Insurance Distribution Directive sets minimum standards for the distribution of insurance products in the Single Market to ensure a high degree of professionalism, transparency and consumer protection. The letters of formal notice are related to provisions on insurance intermediaries controlled by persons from third countries in the case of Austria and Germany, on ancillary insurance intermediaries selling insurance products as add-on to their products and services and on the publication of sanctions in the case of Germany, and to the rules on cross-border activities by insurance intermediaries under the freedom to provide services in the case of Italy. The Commission is therefore sending a letter of formal notice to Germany, Italy and Austria, 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 BULGARIA to correctly transpose the Motor Insurance Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2024)4020) for incorrectly transposing the Motor Insurance Directive (Directive 2009/103/EC). Under Bulgarian law, for certain injured parties, mandatory motor vehicle insurance covers compensation for non-material damage resulting from a relative’s death in an accident. However, this amount is lower than the minimum required by the Motor Insurance Directive. The Commission considers that this does not comply with the obligations imposed on Bulgaria under the Directive. The Commission is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Digital economy
Reasoned opinions
The Commission calls on CZECHIA, CYPRUS and PORTUGAL to comply with the EU Digital Services Act
Today, the European Commission decided to send reasoned opinions to
- Czechia (INFR(2024)2039),
- Cyprus (INFR(2024)2016) and
- Portugal (INFR(2024)2038),
following the letters of formal notice sent in April 2024. Despite exchanges since April, these Member States have still not empowered their designated Digital Service Coordinators, to implement the Digital Services Act (DSA). Furthermore, they have also failed to lay down the rules on penalties applicable to breaches of the DSA. The DSA aims to make the online space safer in the EU. Member States had until 17 February 2024 to designate Digital Services Coordinators, independent regulatory authorities to oversee the implementation and enforcement of the DSA. Fully empowered Digital Services Coordinators in each Member State are essential for the exercise of the new rights created under the DSA, for instance to ensure users can lodge complaints against platforms. The Member States have two months to take the necessary measures to comply with the reasoned opinions. In the absence of satisfactory responses, the Commission may refer the Member States to the Court of Justice of the European Union.
Jobs and social rights
Letters of formal notice
The Commission urges SPAIN to prevent abusive use of fixed-term work relationships and avoid discriminatory employment conditions in the public sector
Today, the European Commission decided to send an additional letter of formal notice to Spain (INFR(2014)4334) for failing to sufficiently protect public sector workers against the abusive use of successive fixed-term contracts. This is contrary to EU rules (Council Directive 1999/70/EC), which require that Member States introduce, in their national law, measures to prevent and, if required, penalise abuse through successive fixed-term employment contracts. The Commission finds that the Spanish law does not include such measures for certain types of fixed-term work relationships in the public sector. For example, irrespective of whether a fixed-term employee has been recruited for 20 or for 30 years, the compensation is the same. And an employee who, after having worked 20 years under a succession of fixed-term contracts, resigns for any reason such as accepting another job or taking care of a member of the family, will have no access to any compensation, even if a court declares that succession of fixed-term contracts as abusive. This additional letter of formal notice takes into account amendments to the national rules that Spain adopted after the Commission opened the infringement procedure in 2015. The Commission considers that the new national rules still do not sufficiently address the issues identified, particularly regarding the effectiveness of penalty measures. The Commission is therefore sending an additional 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.
Reasoned opinions
The Commission calls on DENMARK, GREECE, MALTA and PORTUGAL to transpose the rules on working time in inland waterways transport into national law
The European Commission decided to send reasoned opinions to
- Denmark (INFR(2023)2175),
- Greece (INFR(2023)2138),
- Malta (INFR(2023)2137) and
- Portugal (INFR(2023)2174)
to incorporate the Directive on working time in inland waterways transport (Directive 2014/112/EU) into national law. The Directive implements a social-partner agreement which regulates certain aspects of working time for persons employed onboard of vessels in the inland waterway transport sector. The agreement regulates the duration of daily and weekly working time, rest periods, breaks, maximum working time during night-time, and annual leave. However, Denmark, Greece, Malta, and Portugal have so far failed to communicate measures incorporating the Directive into national law. Therefore, the Commission is sending a reasoned opinion to these four 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.
The Commission calls on ITALY to align its legislation on working conditions for honorary judges with EU law
Today, the European Commission decided to send an additional reasoned opinion to Italy (INFR(2016)4081) for failing to bring its national legislation applying to honorary judges fully in line with EU labour law. The additional reasoned opinion concerns honorary judges who entered service after 15 August 2017, as Italy has not provided any substantive replies or taken any measures to address the issues identified by the Commission in its reasoned opinion of July 2023. In the Commission’s view, the Italian legislation continues to fail to comply with EU rules on fixed-term work, on part-time work, and on working time (Framework Agreement annexed to Directive 1999/70/EC, Framework Agreement annexed to Directive 97/81/EC, Directive 2003/88/EC, respectively). Several categories of honorary judges – honorary justices of the peace, honorary deputy prosecutors, and honorary court judges – do not enjoy the status of a ‘worker’ under Italian national law and are considered volunteers providing services on an ‘honorary’ basis. They receive less favourable treatment than comparable tenured judges regarding several working conditions, such as allowances in case of illness, accidents and pregnancy, fiscal treatment, paid annual leave and modalities and level of pay. They do not receive compensation in case of abuse. Moreover, there is no system for measuring their working time. The Commission opened this infringement procedure in July 2021 with a letter of formal notice, followed by an additional letter of formal notice sent in July 2022 and a reasoned opinion in July 2023. Despite planned legislative amendments to ensure compliance with EU law as regards honorary magistrates who were in service on 15 August 2017, Italy did not present plans to address the issue at stake for honorary judges recruited after that date. Therefore, the Commission has decided to issue a reasoned opinion to Italy, 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 ITALY to the Court of Justice of the European Union for failing to end the abusive use of fixed-term contracts and discriminatory employment conditions
Today, the European Commission decided to refer Italy (INFR(2014)4231) to the Court of Justice of the European Union for failing to end the abusive use of fixed-term contracts and discriminatory employment conditions (Council Directive 1999/70/EC). According to the Commission, Italy does not have the rules in place that are needed to ban discrimination regarding their working conditions and the abusive use of successive fixed-term contracts. The Commission finds that Italian legislation determining the salary of fixed-term teachers in public schools does not provide for incremental salary progression based on previous periods of service. This constitutes discrimination compared to teachers employed on a permanent basis, who are entitled to such salary progression. Furthermore, contrary to EU law, Italy has not taken effective measures to prevent the abusive use of successive fixed-term employment contracts of administrative, technical, and auxiliary staff in State schools. This breaches EU law on fixed-term employment. 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 can be found in the press release.
Source – EU Commission