April infringement package: key decisions

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 76 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.

For more information on the EU infringement procedure, see the full Q&A. For more detail on the history of a case, you can consult the infringement decisions' register.

1. Environment

(For more information: Adalbert Jahnz - Tel. +32 229 53156, Maëlys Dreux - Tel.: +32 229 54673)

Letters of formal notice

The Commission calls on FRANCE to correctly transpose the Waste Framework Directive

The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2024)2017) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851). The Waste Framework Directive is the EU's framework legislation aiming to prevent or reduce the generation of waste, reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union's long-term competitiveness. The amended Directive sets binding targets for recycling and preparing municipal waste for reuse. It also introduces requirements for Member States to improve their waste management systems and the efficiency of resource use. The deadline for Member States to transpose the amended Directive into their national legislation was 5 July 2020. The Commission has already initiated infringement procedures against nine other Member States (Bulgaria, Czechia, Estonia, Cyprus, the Netherlands, Austria, Poland, Portugal, and Romania). It appears that France has not correctly transposed several provisions of the amended Directive. For example, France has failed to correctly transpose the methodology to be used to measure food waste, measures on the separate collection of waste and the incineration of separately collected waste, and certain definitions. 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.

The Commission calls on AUSTRIA to correctly transpose the Environmental Impact Assessment Directive

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Austria (INFR(2024)2012) for failing to correctly transpose the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU as amended by Directive 2014/52/EU) into national legislation. Under the amended Directive, major building or development projects in the EU must first be assessed for their impact on the environment. This is done before the project can start. The EIA procedure guarantees transparency and predictability on decision-making process for different types of public and private projects, to ensure a good level of environmental protection. The Austrian law does not provide for an assessment of all projects which are likely to have a significant effect on the environment. The assessment of some projects is limited to specific areas. The transposition of selection criteria for assessment of projects is insufficient - this concerns, in particular, the cumulation with other projects and the planning of projects in sensitive areas such as wetlands, riparian areas, river mouths, mountains, and forest areas. In addition, the definitions for some projects (holiday villages and hotel complexes outside of urban areas, changes, or extensions of projects) are not in line with the EIA Directive. 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.

The Commission calls on LITHUANIA to correctly transpose EU legislation on medium combustion plants

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Lithuania (INFR(2024)2015) for failing to correctly incorporate the Directive limiting air pollutants from medium combustion plants (Directive (EU) 2015/2193) into national legislation. This Directive aims to reduce air pollution by setting emission limit values for medium combustion plants (with thermal input equal to or greater than 1 MW and less than 50 MW). These plants are a significant source of emissions of sulphur dioxide, nitrogen oxide and dust. The European Green Deal, in particular the Zero Pollution Action Plan, put emphasis on cutting air pollution, which is among the key factors affecting human health. The respect of the emission limit values and air quality standards laid out in EU legislation is key to effectively protect human health and safeguard the natural environment. Lithuania has not correctly transposed this Directive into its national legislation. The deadline for Member States to do so was 19 December 2017. Lithuania has not included correct requirements on setting limit values for pollutant emissions and has incorrectly transposed certain definitions. It has also failed to correctly transpose some of the permitting obligations of the operator. The Commission is therefore sending a letter of formal notice to Lithuania, 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.

Additional letter of formal notice under Article 258 TFUE

The Commission calls on AUSTRIA to comply with the Habitats and Birds Directives

The European Commission decided to send an additional letter of formal notice to Austria (INFR(2023)2045) for failing to correctly apply the Habitats Directive (Directive 92/43/EEC) and the Birds Directive (Directive 2009/147/EC) in the High Tauern National Park in Salzburg. Designated as a Natura 2000 area under both the Birds and Habitats Directives, the High Tauern National Park is the largest protected area in the Alps. It hosts several priority natural habitat types (including species rich Nardus grasslands and ravine forests) that are at risk of disappearing. Under the Habitats Directive, Member States must protect and restore these habitats, as they play a vital role for biodiversity. The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Austria has not correctly transposed certain requirements of the Habitats Directive into its national legislation applying specifically to this national park. This includes the requirement to avoid deterioration of natural habitats and to appropriately assess any plan or project not directly connected with the management of the Natura 2000 site. The Commission already sent a letter of formal notice to Austria in 2023. Further investigation showed that the conservation objectives set for the site do not correspond to the requirements in EU law. The Commission is therefore sending an additional 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 POLAND to update legislation limiting air pollution

Today, the European Commission decided to send a reasoned opinion to Poland (INFR(2021)2024) for failure to address shortcomings in the transposition of Directive on the reduction of national emissions of certain atmospheric pollutants (NEC Directive) (Directive (EU) 2016/2284). The NEC Directive contributes to reducing air pollution to levels without significant negative impacts on and risks to human health and the environment. In particular, the Directive sets national emission reduction commitments for Member States for five important air pollutants, namely nitrogen oxides, non-methane volatile organic compounds, sulphur dioxide, ammonia, and fine particulate matter (PM2.5). These air pollutants all lead to significant negative impacts on human health, such as respiratory problems, cardiovascular diseases and cancer, and damage ecosystems. The European Green Deal, and its Zero Pollution Action Plan, put emphasis on cutting air pollution, which is among the key factors affecting human health. In June 2021, the Commission sent a letter of formal notice to Poland, urging it to comply with the NEC Directive. However, some of the grievances persist, including lack of transposition of the requirement to conduct transboundary consultations on the national air pollution control programmes and to include obligatory measures in the programmes. Therefore, the Commission has decided to send 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.

The Commission calls on IRELAND to correctly transpose EU legislation on industrial emissions

Today, the European Commission decided to send a reasoned opinion to Ireland (INFR(2021)2116) for failure to address shortcomings in the transposition of the Industrial Emissions Directive (Directive 2010/75/EU). Industrial activities have a significant impact on the environment and health. The Industrial Emissions Directive lays down rules designed to prevent and reduce harmful industrial emissions into air, water, and land, as well as prevent the generation of waste. The European Green Deal, and notably the Zero Pollution Action Plan, call for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems, thereby creating a toxic-free environment. The Commission sent a letter of formal notice to Ireland in February 2022. However, Ireland's legislation still does not correctly transpose certain permitting requirements such as compliance with emission limit values when a derogation is granted from the requirement to respect the emission levels associated with the best available techniques, some technical requirements in annexes to the Directive, and certain definitions. Therefore, the Commission has decided to send a reasoned opinion to Ireland, 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.

2. Internal Market, Industry, Entrepreneurship and SMEs

(For more information: Johanna Bernsel - Tel.: +32 229 86699; Federica Miccoli - Tel.: +32 229 58300)

Letters of formal notice

The Commission urges BULGARIA, SPAIN and ROMANIA to comply with the public procurement legislation

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2023)2114) and to issue reasoned opinions concerning Bulgaria (INFR(2018)2268) and Spain (INFR(2021)2171) for failing to comply with the public procurement legislation. The rules covering public contracts and concession contracts (Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU) had to be transposed by Member States into domestic law by 18 April 2016. By requiring Member States to follow impartial and transparent procedures, these directives aim to open public markets to genuine competition between companies across the EU and to ensure the best value for money for public purchases. The Commission is addressing the countries over various issues relating, among others, to restrictions of operators' rights in the case of Romania and exclusion of private hospitals from EU public procurement rules even when they are partly financed through public funds in the case of Bulgaria. The Spanish legislation does not respect in particular the scope of application of the Directives regarding the type of contracting authorities, contracts and contract modifications that must be covered.

Bulgaria, Spain and Romania 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 to Romania and to refer Bulgaria and Spain to the Court of Justice of the European Union.

The Commission asks SPAIN and HUNGARY to comply with rules on motorway concession contracts

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)4006) and an additional letter of formal notice to Spain (INFR(2021)4052) for failing to comply with rules on motorway concession contracts. Both letters aim to ensure the respect of EU rules on concessions, which provide for the equal treatment of economic operators interested in participating in procurement procedures and the respect of the obligation of transparency. The Commission is addressing various issues related to those contracts. It considers that Hungary's 35-year concession lacked transparency in estimated value, failed to transfer sufficient operating risk, and was extended for an unduly long period without justification, violating EU law. Spain extended the duration of two motorway concessions without properly applying tender procedures, breaching EU rules.

Spain and Hungary now have two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion.

The Commission asks FRANCE to comply with EU rules on freedom of movement for veterinary companies and veterinarians

The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2024)4005) regarding its national rules concerning veterinary companies and veterinarians. The Commission's action comes in response to concerns about Frances's compliance with EU rules on freedom of establishment and the free provision of services set out in the Treaty on the functioning of the European Union and with the Services Directive. These EU rules ensure that service providers do not face unjustified barriers when establishing themselves in a Member State or providing services cross-border from their home country. The French rules require veterinarians to be present in each of their offices at least part time. This requirement practically limits the number of establishments a veterinarian can own and consequently, the number of offices they can operate. In addition, while French law in principle allows for the free provision of services, in practice, France restricts veterinarians established in other Member States from offering their services on a temporary and occasional basis in France. 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.

The Commission opens an infringement procedure against ROMANIA for not applying EU rules on late payments

Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2024)4004) for not correctly applying the rules under the Late Payment Directive (Directive 2011/7/EU).

Late payments have negative effects on businesses, by reducing liquidity, preventing growth, hampering resilience and potentially impeding efforts to become greener and more digital. Under the current economic context, businesses and in particular SMEs, rely on regular payments to operate and invest. The Late Payments Directive obliges public authorities to pay their invoices within 30 days (or 60 days for public health authorities).

The Commission is sending a letter of formal notice to Romania due to public health authorities paying Romanian independent pharmacies with an excessive delay for medicines dispensed to patients through the national health insurance system. As the pharmacies are directly liable to distributors and other parties in the supply chain for any delays on their part, these payment delays risk bankrupting independent pharmacies in Romania. Romania now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Referrals to the Court of Justice

Commission decides to refer GREECE to the Court of Justice of the European Union for not correctly applying EU rules on late payments

Today, the European Commission decided to refer Greece (INFR(2023)2027) to the Court of Justice of the European Union for not correctly applying the rules under the Late Payment Directive (Directive 2011/7/EU).

The Commission is referring Greece to the Court of Justice due to incorrect payment practices by Greek public hospitals towards their suppliers. These hospitals are not respecting the obligation to provide immediate payment of their debts when suppliers agree to waive their rights to interest, contrary to established case-law. Late payments have negative effects on businesses, by reducing liquidity, preventing growth, hampering resilience and potentially impeding efforts to become greener and more digital. Under the current economic context, businesses and in particular SMEs, rely on regular payments to operate and invest. The Late Payments Directive obliges public authorities to pay their invoices within 30 days (or 60 days for public health authorities). 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 available in a press release.

Commission decides to refer CZECHIA to the Court of Justice of the European Union for failing to correctly transpose EU rules on proportionality of professional regulations

Today, the European Commission decided to refer Czechia (INFR(2021)2201) to the Court of Justice of the European Union for its failure to ensure the correct transposition of the Proportionality Test Directive (Directive 2018/958) into national legislation. This Directive governs the proportionality assessment of new rules restricting access to regulated professions. Member States are required to ensure that any national regulation of professions pursues legitimate public interest objectives and is necessary and balanced. The availability of a clear and common assessment framework before adopting the regulation of professions is crucial to prevent unjustified barriers in the Single Market and to facilitate access to regulated professions. Czechia failed toensure that all measures covered by the directive, in particular those being initiated by professional bodies and parliamentary amendments, undergo a prior proportionality assessment. In addition, Czechia neglected to ensure the assessment of the cumulative impact of multiple requirements introduced simultaneously. This action aims to ensure the proper implementation of the directive, thereby preventing disproportionate barriers in the Single Market, in line with the objectives outlined in the Commission's Communication on "The Single Market at 30". The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Czechia to the Court of Justice of the European Union. More information is available in a press release.

3. Migration, Home Affairs and Security Union

(For more information: Anitta Hipper - Tel.: +32 229 85691; Elettra Di Massa - Tel.: +32 2 298 21 61)

Letters of formal notice

The Commission calls on HUNGARY to comply with the judgment of the Court of Justice in case C-823/21 concerning the obligation to ensure effective access to an international protection procedure

The Commission has decided to send a letter of formal notice to Hungary (INFR(2020)2310) for failing to comply with the ruling of the Court of Justice of the European Union (CJEU) in case C-823/21 Commission v. Hungary. In its ruling of 22 June 2023, the Court found that Hungary had failed to fulfil its obligations under EU asylum rules. In particular, the Court concluded that Hungary violated Directive 2013/32/EU on common procedures for granting and withdrawing international protection, by failing to ensure that third country nationals or stateless persons were afforded effective access to an international protection procedure. According to the requirement in Hungarian law, before being able to apply for international protection in Hungary, non-EU nationals must first make a declaration of intent stating their wish to apply for asylum at a Hungarian Embassy outside the European Union and be issued with a special entry permit for that purpose.

In the absence of the receipt of any information about the measures taken by Hungary to remedy the declared breach of Union law, the Commission considers that Hungary has infringed its obligation to take the measures necessary to comply with the judgment of the Court of Justice. Hungary has two months to reply to the letter of formal notice. Depending on the response received, the Commission may decide to refer the case back to the Court of Justice and to propose the imposition of financial sanctions.

4. Justice

(For more information: Christian Wigand - Tel.: +32 229 62253; Jördis Ferroli - Tel.: +32 229 92729; Yuliya Matsyk -Tel.: +32 229-62716)

Letters of formal notice and additional letter of formal notice

The Commission calls on BULGARIA, SPAIN, and POLAND to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2024)2033) and Poland (INFR(2024)2034), as well as to send an additional letter of formal notice to Bulgaria (INFR(2023)2093) for failing to correctly transpose the Directive on the strengthening of 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 that the fair trial 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 three Member States fall short of the requirements of the Directive. The Commission sent a first letter of formal notice to Bulgaria in September 2023, but found additional issues in the Bulgarian transposition of the provisions concerning trials in absentia and the right to a new trial. Concerning both Poland and Spain, the Commission found that the measures notified by these Member States do not correctly transpose the provisions of the Directive on public references to guilt, as well as those on the use of measures of physical restraint when presenting suspects and accused persons in court or in public. Poland failed to correctly transpose the conditions of application of the burden of proof, the right to silence and the right not to incriminate oneself, the requirements for trials in absentia, as well as the provision on the right to effective remedies. In addition, under Polish law, persons suspected of having committed a criminal offence do not benefit of the rights of the Directive before they are made aware of their status as a suspect or accused person by the competent authorities, thus giving rise to an incorrect transposition of the scope of the Directive. The Commission is therefore sending a letter of formal notice to Spain and Poland and an additional letter of formal notice to Bulgaria, which all 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.

Letters of formal notice and reasoned opinions

The Commission urges BELGIUM, BULGARIA, the NETHERLANDS, POLAND, and FINLAND to comply with cross-border judicial procedures on European Arrest Warrant

Today, the European Commission decided to send an additional letter of formal notice to Bulgaria (INFR(2021)2262), and a reasoned opinion to Belgium (INFR(2021)2002), the Netherlands (INFR(2021)2004), Poland (INFR(2020)2308), and Finland (INFR(2021)2110) 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. Bulgaria has addressed previous grievances but, through other amendments, has now failed to correctly transpose the provisions related to maintaining the requested person in detention. Belgium failed to enact legislation to transpose in its national law the provision on surrender or subsequent extradition when Belgium acts as the executing Member State. Moreover, Belgium failed to correctly transpose the provisions related to, amongst others, the optional grounds for refusal, the time-limits to execute an EAW, the situation and hearing pending the decision. The Netherlands incorrectly transposed the provisions related to, amongst others, the obligation to execute an EAW, the grounds for non-execution, the competent executing judicial authority, the time-limits for surrender of the person. Poland incorrectly transposed the provisions related to, amongst others, the verification of double criminality, the grounds for non-execution of the EAW, the guarantees from the issuing Member State. Finland has incorrectly transposed the provisions related to, amongst others, the grounds for non-execution, the guarantees from the issuing Member State, time-limits, postponed or conditional surrender, transit. Therefore, the Member States now have two months to respond and take the necessary measures to address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Bulgaria, or refer Belgium, the Netherlands, Poland, and Finland to the Court of Justice of the European Union.

Reasoned opinions

The Commission calls on GREECE and CYPRUS to correctly transpose rules on the fight against fraud to the Union's budget

Today, the European Commission has decided to send a reasoned opinion to Greece (INFR(2021)2236) and Cyprus (INFR(2021)2265) for failing to correctly transpose into their national legislation the Directive on the fight against fraud to the Union's budget by means of criminal law (the PIF Directive). These rules increase the level of protection of the EU budget by harmonising the definitions, sanctions and limitation periods of criminal offences affecting the Union's financial interest and they lay out the foundation for the European Public Prosecutor's Office (EPPO). The Commission first sent a letter of formal notice to Greece in December 2021 and to Cyprus in February 2022. After analysing their replies, the Commission considered that Greece has failed to correctly transpose the provisions of the Directive which provide a definition of 'passive corruption' and of 'public official'. Moreover, the Commission considers that some provisions notified by Greece provide for rules that limit the effectiveness and the dissuasiveness of the sanctions for criminal offences falling within the remit of the Directive. The Commission concluded also that Cyprus has failed to fully transpose some provisions on the definition and the liability of legal persons, as well as on the Cypriot jurisdiction over the offence of money laundering, as required by the Directive. Therefore, the Commission has decided to issue a reasoned opinion to Greece and Cyprus, which now have two months to respond and address the shortcomings raised by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

5. Energy

(For more information: Tim McPhie - Tel.: +32 229 58602; Giulia Bedini - Tel.: +32 229 58661)

Reasoned opinions

The Commission urges the NETHERLANDS and SLOVAKIA to fully transpose the Renewable Energy Directive

Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2021)0310) and an additional reasoned opinion to Slovakia (INFR(2021)0360) 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 the EU. It sets an EU-level binding target for 2030 of at least 32% of energy from renewable sources in the Union's gross final consumption of energy, as well as specific targets for the heating, cooling and transport sectors. The Directive also facilitates the participation of citizens in the clean energy transition. The deadline to transpose the Directive into national law was 30 June 2021.

In July 2021, the Commission sent a letter of formal notice to the Netherlands for failure to communicate the full transposition of the Directive. To date, the country has only partially transposed the Directive. Therefore, the Commission has decided to issue a reasoned opinion to the Netherlands.

In the case of Slovakia, in January 2023, the Commission decided to refer Slovakia to the Court of Justice of the European Union for having failed to notify any transposition measures for the Directive. Thereafter, Slovakia notified transposition measures and the Commission decided to halt the procedure before the Court. Following the assessment of the notified measures, the Commission has now decided to send an additional reasoned opinion to Slovakia because the transposition of the Directive is still not complete.

Both Member States now have two months to respond and take the necessary measures to complete transposition of the Directive. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

The Commission urges BELGIUM, DENMARK and SPAIN to fully transpose EU rules on the internal electricity market

Today, the European Commission decided to send a reasoned opinion toBelgium (INFR(2022)2032), Denmark (INFR(2022)2102) and Spain (INFR(2022)2034) for not having fully transposed EU rules for the internal electricity market set out in 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 letters of formal notice to Belgium and Spain in May 2022 and to Denmark 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 three 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.

6. Financial Services

(For more information: Francesca Dalboni- Tel.: +32 2 298 81 70; Marta Pérez-Cejuela - Tel.: +32 2 296 37 70)

Letters of formal notice and additional letters of formal notice

The Commission calls on IRELAND, FRANCE and LATVIA to correctly transpose the 5th Anti-Money Laundering Directive

The European Commission decided to open an infringement procedure by sending letters of formal notice to Ireland and France (INFR(2023)2188 and (INFR(2024)2037) and an additional letter of formal notice to Latvia (INFR(2023)2028) for having incorrectly transposed the 4th and 5th Anti-Money Laundering Directives (4th AML Directive as amended by the 5th AML Directive).

These Member States had notified a complete transposition of the amended Directive. Nevertheless, the Commission has identified several instances of incorrect transposition (non-conformity) of the Directive into national law. This failure affects, among others, key aspects of the Directives like, in the case of France, not ensuring the completeness of the national Beneficial Ownership register (a database, where owners of a company or another legal entity are registered) by not including in it certain legal entities (fonds de dotation, fonds de pérennité, and most associations). In the case of Ireland, the failure refers to the current system not guaranteeing the adequacy and completeness of the information held in the Beneficial Ownership register of trusts as well as regards the accessibility of its information. In the case of Latvia, incorrect transposition affects in particular the functioning of its Financial Intelligence Unit (FIU) by limiting its obligation to exchange information with other FIUs.

Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Recent money laundering scandals have revealed the need for stricter rules at EU level. Legislative gaps occurring in one Member State have an impact on the EU. That is why EU rules should be implemented and supervised efficiently to combat crime and protect our financial system.

Ireland, France and Latvia have now 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 SLOVAKIA to enhance its supervisory framework for the insurance sector under the Solvency II Directive

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2023/2077) for failing to fulfil its obligations under the Solvency II Directive.

The Commission considers that the Národná banka Slovenska (NBS) - the competent supervisory authority responsible for monitoring the compliance with Union law by insurance undertakings established in Slovakia - has failed to take timely and conclusive action against a non-compliant Slovak insurance company. Moreover, the Commission considers that the NBS has failed to fulfill its policyholder protection obligations under Solvency II Directive by failing to exercise effective supervisory action when withdrawing the authorisation of the Slovak insurance company and to effectively cooperate with supervisory authorities in host Member States in this regard.

Effective supervision is a pivotal prerequisite to build trust in the single market and to safeguard policyholders' interests. Especially considering increased cross-border insurance activities, supervisory gaps in one Member State have an impact on the EU. EU rules should be implemented in a way that guarantees effective overall supervision of insurance undertakings and similar policyholder protection across the EU.
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.

The Commission calls on SWEDEN to comply with EU rules on the management of bank crises

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2024)2036) for failing to bring its legislation in line with the Bank Recovery and Resolution Directive, as amended by the second Bank Recovery and Resolution Directive (2^nd BRRD).

The Directive lays down the rules for orderly management of the failure of banks and investment firms. The amendments introduced by the second Bank Recovery and Resolution Directive include, among others, detailed rules on the debt buffer to be held by banks and investment firms in order to be able to absorb losses and be recapitalised in resolution (so-called "minimum requirements for own funds and eligible liabilities" or "MREL").

Several technical aspects of the national rules adopted by Sweden do not comply with the Directive as amended. These concern in particular the creditor hierarchy in insolvency, the type of instruments governed by third-country law that may be exempted from the requirement to include a contractual clause recognising the bail-in resolution power of EU authorities, as well as the restrictions on dividends and other similar distributions in case the MREL is not met in addition to the capital buffers.

By not complying with those rules, Sweden impedes the application of resolution actions that aim to help banks and investment firms to fail with a minimum impact on financial stability and preserve the continuity of their functions while relying primarily on the resources of existing shareholders and creditors.

The Commission is therefore sending a letter of formal notice to Sweden, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

7. Budget

(For more information: Balazs Ujvari Tel.: +32 2 295 45 78; Veronica Favalli - Tel.: +32 2 295 68 59)

Letter of formal notice

The Commission asks SPAIN to comply with rules on collecting Traditional Own Resources

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2023)2192) for failing to collect Traditional Own Resources (TOR) (as established in the Council Regulation implementing the Own Resources Decision) from textiles from China cleared for free circulation in the EU between November 2011 and December 2012. Spanish customs authorities accepted extremely low customs values, did not request a guarantee, and verified the declared customs value only more than a year after the imports, thus not following the process commonly agreed upon on EU level.

The Commission concludes that the measures taken by Spain in the context of the imports from China were insufficient to protect the European budget.

The Commission is therefore sending a letter of formal notice to Spain, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

8. Trade

(For more information: Olof Gill - Tel.: +32 2 296 59 99; Ana Apse-Paese - Tel. +32 2 298 73 48)

Letters of formal notice

The Commission calls on HUNGARY to fully comply with the ruling of the Court of Justice of the European Union in case C-66/18

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2017)2076) for not properly complying with EU law and the ruling of the Court of Justice of the European Union in case C-66/18.

The Court of Justice established in its judgement, delivered on 6 October 2020, that Hungary breached EU legislation as well as the General Agreement on Trade in Services (GATS) by making the exercise, in Hungary, of teaching activities leading to a qualification by foreign higher education institutions situated outside the European Economic Area (EEA) subject to two conditions. Hungarian legislation required that the Government of Hungary and the Government of the State in which the institution concerned has its seat agree to be bound by an international treaty. Secondly, it requires that to exercise activities in Hungary, the educational institution should deliver higher education in the state in which it has its seat, including Member States of the EEA. A new law adopted on 18 May 2021 no longer contains the second requirement. However, the new law still requires the conclusion of an international treaty between Hungary and their home state, in continuous breach with the principles of the GATS and the Charter of Fundamental Rights of the EU. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union. This second referral to the Court may result in financial penalties for the time elapsed from the first judgment until achieving compliance.

9. Mobility and Transport

(For more information: Adalbert Jahnz - Tel.: +32 229 53156, Anna Wartberger - Tel.: +32 229 82054)

Letters of formal notice

The Commission calls on BELGIUM, GERMANY, GREECE, FRANCE, LUXEMBOURG and the NETHERLANDS to comply with EU rules on the Single European Sky and airspace management

The European Commission decided to open an infringement procedure by sending letters of formal notice to Belgium (INFR(2024)2019), Germany (INFR(2024)2021), France (INFR(2024)2020), Luxembourg (INFR(2024)2022) and the Netherlands (INFR(2024)2023) for failing to correctly apply certain legal provisions envisaged by the Single European Sky (SES) performance and charging scheme for air navigation services, established under Regulation (EC) No 549/2004 and Regulation (EC) No 550/2004. The Commission identified a lack of appropriate financing arrangements for air navigation services in certain cross-border areas, inappropriate or unjustified allocation of costs between en route and terminal air navigation services, as well as insufficient financial incentives for service providers. This not only impacts the revenue of air navigation service providers but also the charges paid by airspace users, such as customers. The Commission also decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)2014) for failing to put in place the necessary measures to ensure performance-based navigation (PBN) procedures at Greek airports as required by Commission Implementing Regulations (EU) 2018/1048 and 2018/1139, nor has it completed the corrective action plan agreed with the European Union Aviation Safety Agency (EASA). Optimising air traffic service routes and instrument approach procedures, the provision of air traffic management/air navigation services (ATM/ANS) using performance-based navigation (PBN) can bring safety, capacity, environmental and cost-efficiency benefits. The Commission is therefore sending letters of formal notice to Belgium, Germany, Greece, France, Luxembourg, and the Netherlands, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Commission calls on SWEDEN to improve security of ports

Today, the European Commission decided to send a reasoned opinion to Sweden  (INFR(2022)2206) for failing to fulfil its obligations arising from EU maritime security legislation, namely 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. Sweden is not effectively carrying out the required administrative and control tasks, which can put at risk EU maritime security.

Today's reasoned opinion follows a letter of formal notice sent by the Commission in February 2023. Sweden now has two months to reply and take the necessary measures, otherwise the Commission may refer Sweden to the Court of Justice of the European Union.

Commission calls on BULGARIA, ESTONIA, IRELAND, CROATIA, SLOVENIA and SLOVAKIA to transpose the TEN-T Directive

Today, the European Commission decided to send reasoned opinions to Bulgaria (INFR(2023)0191), Estonia (INFR(2023)0206), Ireland (INFR(2023)0223),Croatia (INFR(2023)0220), Slovenia (INFR(2023)0245) and Slovakia (INFR(2023)0248),calling on the six Member States to transpose into national laws this Directive streamlining measures for advancing the realisation of the trans-European transport network (Directive (EU) 2021/1187). The Directive aims at smoother completion of key TEN-T core network projects by making permit-granting and public procurement procedures clearer. The Directive covers cross-border and missing links on the core TEN-T corridors, and corridor projects exceeding EUR 300 million.

The deadline to transpose the Directive into national law was 10 August 2023. The Commission sent letters of formal notice to the six Member States in September 2023 as they failed to notify national transposing laws. Having examined the replies from the Member States concerned, the Commission considers that these Member States have still not transposed the Directive. The six 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.

10. Digital economy

(For more information: Johannes Bahrke - Tel.: +32 2 295 86 15; Thomas Regnier - Tel.: +32 2 299 10 99)

Letters of formal notice

Commission calls on CYPRUS, CZECHIA, ESTONIA, POLAND, PORTUGAL and SLOVAKIA to designate and fully empower their Digital Services Coordinators under the Digital Services Act

The European Commission decided to open infringement procedures by sending letters of formal notice to Cyprus (INFR(2024)2016), Czechia (INFR(2024)2039), Estonia (INFR(2024)2040), Poland (INFR(2024)2041), Portugal (INFR(2024)2038) and Slovakia (INFR(2024)2042) as these Member States have not yet designated their Digital Services Coordinators under the Digital Services Act, or as the designation has not been complemented by sufficient empowerment powers. Member States should have done so by 17 February 2024. To date, Estonia, Poland, and Slovakia still have to designate their Digital Services Coordinators.

In addition, despite designating their Digital Services Coordinators, Cyprus, Czechia and Portugal still have to empower them with the necessary powers and competences to carry out their tasks, including the imposition of sanctions in cases of non-compliance.

Fully empowered Digital Services Coordinators in each Member State are essential for the exercise of the new rights created under the DSA, notably to ensure users can lodge complaints in their place of residence against platforms, to award the status of trusted flaggers and to vet researchers.

The Commission is therefore sending a letter of formal notice to the six Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.

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