
Overview by policy area
In its regular package of infringement decisions, the European Commission takes legal action against Member States that fail to comply with their obligations under EU law. These decisions, covering various EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 112 cases where the issues with the Member States concerned have been solved. In these cases, the Commission does not have to pursue the infringement procedure further.
The Commission's enforcement activities and Member States' compliance with EU law can be followed through interactive maps and customisable graphs. For more details on the history of a case or to access the full database of infringement decisions, the infringement decisions' register is open for consultation. And more information on the EU infringement procedure can be found in the following Q&A.
1. Environment
(For more information: Maciej Berestecki – Tel.: +32 2 296 64 83; Maëlys Dreux – Tel.: +32 229 54673)
Letters of formal notice
Commission calls on BULGARIA, GREECE, SPAIN, the NETHERLANDS and PORTUGAL to correctly transpose the Drinking Water Directive
The European Commission decided to open infringement procedures by sending letters of formal notice to Bulgaria (INFR(2025)2030), Greece (INFR(2025)2049), Spain (INFR(2025)2026), the Netherlands (INFR(2025)2048) and Portugal (INFR(2025)2068) for failing to correctly transpose the recast Drinking Water Directive (Directive (EU) 2020/2184), which contributes to improving water resilience across the EU and achieving the EU's zero pollution ambition. The recast Drinking Water Directive further protects human health by updating water quality standards, tackling pollutants of concern, such as endocrine disruptors and microplastics, and providing cleaner tap water. The Directive also tackles water leakages when now, on average, 30% of the drinking water is lost during distribution in the EU. Member States were required to transpose the Directive into national law and comply with its provisions by 12 January 2023. In Bulgaria, national law does not correctly reflect the scope of exemptions and derogations provided in the Directive, the risk assessment and risk management required for the drinking water supply system, and aspects regarding the monitoring of the quality of drinking water. Concerning Greece, national law reduces the scope of application of the Directive and does not include all drinking water suppliers. For Spain, shortcomings include reducing the scope of application of the Directive, the lack of specific provisions on risk assessments regarding the drinking water supply system, and no provisions for a periodic review. The Dutch legislation has shortcomings as regards monitoring the quality of drinking water and promoting access to drinking water. The Portuguese legislation fails to correctly transpose several provisions of the Directive. This includes those related to the scope of application, the extent of the risk assessment regarding the drinking water supply system, the role of the competent authorities, and the products allowed to be in contact with drinking water. The Commission is therefore sending a letter of formal notice to Bulgaria, Greece, Spain, the Netherlands and Portugal, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
Commission calls on LITHUANIA to ensure periodic review of water permits
The Commission decided to open an infringement procedure by sending a letter of formal notice to Lithuania (INFR(2025)2028) for failing to correctly transpose the Water Framework Directive (Directive 2000/60/EC), including the obligation to carry out periodic reviews of water permits. Full implementation of EU water quality standards is key to protecting human health and the environment. The Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. Each programme must include measures to control different types of water abstraction, impoundment, point source discharge, diffuse pollution sources, etcetera. Member States are required to periodically review and update these control measures, including any permits granted, to determine whether they still achieve their objectives. However, in Lithuania, the obligation to periodically review water abstractions is incorrectly transposed both for surface water and groundwater. 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.
Commission calls on GERMANY to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Germany (INFR(2025)2047) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC as amended by Directive 2018/851/EU). The amended Directive sets legally binding targets for preparing for re-use and recycling of certain waste streams, including municipal waste. It also requires Member States to improve their waste management systems and resource efficiency. Member States were required to transpose the amended Directive into national law by 5 July 2020. The Commission has found that Germany has not correctly transposed the requirements for Extended Producer Responsibility Schemes (in terms of geographical coverage and adequate self-control and monitoring mechanisms), the duty to collect waste separately and separate unlawfully mixed waste, the rules on selective demolition, and rules on the use of materials produced from bio-waste. Germany also failed to encourage home composting. The Commission is therefore sending a letter of formal notice to Germany, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on SPAIN to correctly transpose the Seveso III Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2025)2029) for failing to correctly transpose the Seveso III Directive (Directive 2012/18/EU) on the control of major-accident hazards involving dangerous substances. The Directive applies to over 12,000 industrial installations across the EU and provides the relevant framework on risk management measures to prevent major accidents and to limit their consequences. It plays a key role in steering the EU towards zero pollution from industrial accidents, a commitment set out in the Zero Pollution Action Plan. The Commission found that Spain has not correctly transposed several provisions of the Seveso III Directive. This includes provisions on reporting obligations; time limits to draw up emergency plans for new establishments; and the need to clean up the environment following a major accident. 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.
Commission calls on POLAND to bring its national legislation in line with the Single Use Plastic Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2025)2046) for failing to correctly transpose the provisions of the Single-Use Plastics Directive (Directive (EU) 2019/904). The Directive aims to prevent and reduce the impact of certain plastic products on the environment and on human health, as well as to promote the transition to a circular economy. In Polish legislation, the definition of the ‘producer' does not cover all activities carried out by entities producing and introducing single-use plastic products on the market. Therefore, the scope of the application of the rules on single-use plastic is limited. Polish legislation also does not guarantee that all waste management costs of the single-use plastic products under the Extended Producer Responsibility schemes are properly calculated and borne by waste producers. The Commission is therefore sending a letter of formal notice to Poland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Additional letter of formal notice under Article 258 TFUE
Commission calls on SLOVAKIA to bring national laws in line with the Environmental Impact Assessment Directive
The European Commission decided to send an additional letter of formal notice to Slovakia (INFR(2019)2223) for failing to bring national law in line with the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU as amended by Directive 2014/52/EU). The Directive requires major building or development projects in the EU to be assessed for their impact on the environment before the project can start. Slovakia has not correctly transposed all the requirements of the EIA Directive into national law. The shortcomings are related mainly to the timeliness of the decisions, to possible conflicts of interest, as well as to the lack of effective, proportionate and dissuasive penalties. In October 2019, the Commission sent a letter of formal notice to Slovakia, which agreed to address the identified shortcomings. Since then, the amendment to the Slovak EIA Act entered into force on 1 January 2025, followed by the entry into force of the new Slovak Construction Act on 15 March 2025. However, despite these efforts to address the shortcomings, the current legislative framework in Slovakia still does not fully comply with the EIA Directive, especially regarding access to justice. The Commission is therefore sending an additional 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.
Reasoned opinions
Commission calls on BULGARIA, GREECE, HUNGARY, and SLOVAKIA to comply with the reporting obligations under the Noise Directive
Today, the European Commission decided to send reasoned opinions to Bulgaria (INFR(2024)2203), Greece (INFR(2024)2198), Hungary (INFR(2024)2199) 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. The Commission sent letters of formal notice to these four Member States in October 2024. Since then, these four Member States have failed to report all relevant information on the strategic noise maps, including noise exposure of the population to the Commission. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, Greece, Hungary and Slovakia, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission calls on ITALY to prevent and manage the spread of invasive alien species
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2024)2226) for failing to prevent and manage the introduction and spread of the fire ant (Solenopsis invicta), as required by the Invasive Alien Species Regulation (IAS Regulation (EU) 1143/2014). Invasive alien species are one of the five major causes of biodiversity loss in Europe and worldwide. The IAS Regulation aims to prevent, minimise and mitigate the adverse effects of invasive alien species on biodiversity and related ecosystems, as well as on human health and safety, and to reduce their social and economic impact in Europe. Contrary to the Regulation, after the documentation of the fire ant in Sicily, Italy did not notify without delay the Commission and the other Member States of its early detection. The Italian authorities also did not notify the Commission of the eradication measures taken within three months of the early detection notification. The Commission sent a letter of formal notice to Italy in November 2024. It appears that no eradication measure was taken for a long time after the detection of the fire ant and that Italy did not take all the necessary measures to prevent the unintentional spread of the fire ant. Italy has also not effectively implemented the surveillance system of invasive alien species of Union concern. Moreover, Italy has not addressed several arguments raised in the letter of formal notice. 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.
Commission calls on ROMANIA to take the necessary steps to protect and manage its Natura 2000 sites
Today, the European Commission decided to send a reasoned opinion to Romania (INFR(2020)2238) for failing to comply with the Habitats Directive (Directive 92/43/EEC). Under the Habitats Directive, Member States must propose sites of Community importance, which will become part of the EU-wide Natura 2000 network. After a site has been endorsed by the Commission, the Member State has six years to designate it as a Special Area of Conservation and to establish conservation objectives and measures that will maintain or restore the protected species and habitats to a favourable conservation status. These are key requirements to manage the Natura 2000 network and to protect biodiversity across the EU. On 2 July 2020, the Commission sent a letter of formal notice to Romania for failing to designate 382 sites of Community importance as Special Areas of Conservation. The Commission also found that Romania failed to set site-specific detailed conservation objectives for these sites. Since then, Romania has designated 213 Special Areas of Conservation, while 169 sites remain undesignated. Additionally, 16 sites do not have site-specific conservation objectives, and 208 sites have incomplete site-specific conservation objectives. Also, the conservation measures for 10 sites are too general to ensure an adequate protection of the habitats and species for which these have been designated. 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.
Commission calls on SLOVAKIA to improve its treatment of waste
Today, the European Commission decided to send a reasoned opinion to Slovakia (INFR(2021)2168) for failing to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC as amended by Directive(EU)2018/851). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must take measures to ensure that only waste that has been subject to treatment is landfilled. Under the Waste Framework Directive, Member States must recover and dispose of waste in a manner that does not endanger human health and the environment. It prohibits the abandonment, dumping or uncontrolled disposal of waste. In November 2021, the Commission sent a letter of formal notice to Slovakia. However, the identified shortcomings have not yet been remedied. Firstly, Slovakia still has not transposed correctly into its national legislation the obligation to pre-treat waste before landfilling, and repeatedly postponed the entry into force of this obligation – currently until 1 January 2027. In addition, Slovakia has not yet taken all the planned measures to support separate collection, such as increase of landfilling fees and an introduction of the ‘pay as you throw' principle. Despite improvement, the level of separate collection of municipal waste is thus still low in Slovakia. Furthermore, the capacity of installations for treatment of waste before landfilling is still insufficient. Therefore, the Commission has decided to issue a reasoned opinion to Slovakia, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission decides to refer POLAND to the Court of Justice of the European Union for not transposing the Drinking Water Directive
Today, the European Commission decided to refer Poland (INFR(2023)0089) to the Court of Justice of the European Union for failing to adopt national laws transposing the recast Drinking Water Directive (Directive (EU) 2020/2184). The recast Drinking Water Directive further protects human health by updating water quality standards, tackling pollutants of concern, such as endocrine disruptors and microplastics, and providing cleaner tap water. The recast Directive also tackles water leakages when now, on average, 30% of the drinking water is lost during distribution in the EU. Member States were required to transpose the Directive into national law and comply with its provisions by 12 January 2023. The Commission considers that efforts by the Polish authorities have, to date, been insufficient and is therefore referring Poland to the Court of Justice of the European Union with a request to impose financial sanctions. More information is in the press release.
Commission decides to refer GREECE to the Court of Justice of the European Union for not adopting noise action plans
Today, the European Commission decided to refer Greece (INFR(2017)2150) to the Court of Justice of the European Union for failing to adopt noise action plans for all agglomerations and major roads as required under the Noise Directive (Directive 2002/49/EC). The Noise Directive identifies noise pollution levels and triggers the necessary action as a response, such as appropriate urban planning and noise protection measures. The Directive requires Member States to adopt maps showing noise exposure within major agglomerations, along main railway lines, main roads and around major airports. These strategic noise maps serve as a basis for defining measures to help reduce noise pollution in the noise action plans. They are key for informing the public about the levels of noise they are exposed to, so that they can verify themselves whether their authorities take sufficient action. Noise maps had not been adopted for most agglomerations and those that were adopted did not meet the minimum requirements set by the Directive and the public had not been properly consulted. Greece had also failed to properly identify all roads for which strategic maps and action plans should have been prepared. Despite some progress, several grievances remained. The Commission considers that efforts by the Greek authorities have, to date, been insufficient and is therefore referring Greece to the Court of Justice of the European Union. More information is in the press release.
Commission decides to refer POLAND to the Court of Justice of the European Union concerning access to justice in environmental cases
Today, the European Commission decided to refer Poland (INFR(2020)2105) to the Court of Justice of the European Union for failing to ensure that members of the public concerned, including individuals and environmental NGOs, can challenge the absence or insufficiency of air quality plans, required under the Ambient Air Quality Directive (Directive 2008/50/EC). When the limit values for air pollution set by EU law are exceeded, the Directive requires Member States to adopt air quality plans and set appropriate measures to keep exceedance periods as short as possible. In parallel, under the Aarhus Convention and the EU Treaties, individual citizens and environmental NGOs must be able to challenge authorities' decisions or lack thereof if they believe the action taken is insufficient. The Commission considers that the efforts made by the Polish authorities have, to date, been insufficient and is therefore referring Poland to the Court of Justice of the European Union. More information is in the press release.
Letter of formal notice post-judgment (Article 260 TFEU)
Commission calls on GREECE to comply with the judgment of the Court of Justice to protect natural habitats and species
The European Commission decided to send a letter of formal notice under Article 260 TFEU to Greece (INFR(2014)2260) for failing to comply with the judgment of the Court of Justice of the European Union of 17 December 2020 (C‑849/19). The ruling found that Greece has not established conservation objectives and measures for 239 Special Areas of Conservation (SAC) as required by the Habitats Directive (Directive 92/43/EEC). Under the Habitats Directive, Member States must propose sites of Community importance (SCIs), which will become part of the EU-wide Natura 2000 network. After a site has been endorsed by the Commission, the Member State has six years to designate it as a SAC and to establish conservation objectives and measures that will maintain or restore the protected species and habitats to a favourable conservation status. These are key requirements to manage the Natura 2000 network and to protect biodiversity across the EU. While Greece has designated 239 SACs and made progress in establishing conservation objectives since the Court ruling, it still has failed to establish the necessary conservation measures for all 239 SACs. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to refer Greece to the Court of Justice of the European Union with a request to impose financial sanctions.
2. Fisheries and maritime affairs
(For more information: Maciej Berestecki - Tel.: +32 2 296 64 83, Anna Wartberger – Tel.: +32 2 298 20 54)
Letter of formal notice
Commission calls on PORTUGAL to effectively enforce rules against illegal, unreported and unregulated fishing
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2025)2072) for failing to properly enforce the EU's rules against illegal, unreported, and unregulated (IUU) fishing. In its letter of formal notice, the Commission refers to structural shortcomings in Portugal's application of the EU Catch Certification Scheme (Council Regulation (EC) No 1005/2008), which is designed to prevent IUU-caught fish from entering the EU market. Despite the EU's zero-tolerance policy towards IUU fishing, which harms fish stocks, marine habitats, and coastal communities, Portugal has consistently failed to verify the origin of fishery products from third countries, allowing large quantities of high-value IUU-caught fish to enter the EU. Therefore, the Commission is 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.
3. Internal Market, Industry, Entrepreneurship and SMEs
(For more information: Lea Zuber – Tel.: +32 2 295 62 98; Federica Miccoli – Tel.: +32 229-58300)
Letters of formal notice
Commission calls on HUNGARY to comply with rules on freedom of establishment
The European Commission has decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2025)2051) for failing to award a high-value exploitation contract for sand and gravel mining sites in an open and transparent tender procedure. The freedom of establishment enshrined in Article 49 TFEU requires that public authorities ensure the equal treatment of economic operators and the transparency of award procedures. The Commission considers that Hungary failed to fulfil its obligations under Article 49 TFEU by awarding the exploitation contract in a closed tender procedure. The lack of transparency of this procedure precluded interested economic operators from participating in it. The contract has been awarded for a period of 20 years and extendable to 30 years, during which a continuous violation of the rights of other interested operators excluded from the award process is occurring. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on SLOVENIA to comply with public procurement rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovenia (INFR(2025)4011) for failing to comply with European public procurement rules. Directive 2014/24/EU on public procurement establishes the procedures for award of public contracts by Member States' authorities. The Directive provides for a few exceptions where national authorities are not required to follow these procedures. An amendment of the Slovenian Pharmacy Act exempts public pharmacy institutes from carrying out public procurement procedures for the purchase of medicines. The Commission considers that this exemption contravenes the obligations of the Directive. The Commission is therefore sending a letter of formal notice to Slovenia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on HUNGARY to ensure equal treatment of economic operators for food and non-food products
The European Commission decided to open infringement procedures by sending two letters of formal notice to Hungary (INFR(2025)2052 and INFR(2025)2102) for imposing price margin restrictions on non-Hungarian companies. The first procedure concerns restrictions on the sale of certain food products by food retailers. The second procedure covers similar restrictions for the sale of certain non-food products by drugstores. The freedom of establishment pursuant to Article 49 TFEU requires public authorities to ensure the equal treatment and non-discrimination of economic operators and to refrain from restricting economic activities unless such restrictions are justified to attain certain public interest considerations. Hungary limits the margin between purchase prices and sales prices of certain products to a level that no longer covers the costs of foreign companies beyond their costs for purchasing products, forcing non-Hungarian retailers to sell their products at a loss. The Commission is therefore sending two letters of formal notice to Hungary, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.
Reasoned opinions
Commission asks FRANCE to comply with EU rules on freedom of movement for veterinary companies and veterinarians
Today, the European Commission decided to send a reasoned opinion to France (INFR(2024)4005) regarding its national rules concerning veterinary companies and veterinarians. According to the Commission, French rules fail to comply with the Services Directive 2006/123/EC and with Articles 49 and 56 of the Treaty on the functioning of the European Union, which ensure that service providers do not face unjustified barriers when establishing themselves in a Member State or providing services cross-border. The French rules require that a majority of shareholders in a veterinary company be exercising veterinarians within the company in question. The French rules also require veterinarians to be present in each of their establishments at least part-time. This limits the number of veterinary companies a veterinarian can work in. In addition, while French law allows, in principle, for the free provision of services, the practice restricts veterinarians established in other Member States from offering their services on a temporary and occasional basis in France. Therefore, the Commission has decided to issue a reasoned opinion to France, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission refers GERMANY to the Court of Justice of the European Union for incorrect transposition of the EU public procurement directives
Today, the European Commission has decided to refer Germany (INFR(2018)2272) to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives (Directive 2014/24/EU and Directive 2014/23/EU). The EU public procurement Directives contain provisions on postal services which have not been transposed into German law. In particular, German law does not require contracting entities to apply public procurement rules in this sector. First, the Commission considers that German law does not require from contracting authorities that they provide detailed information to tenderers after the conclusion of the contract to trigger the start of the shortened period for access to review. This makes it difficult for bidders to decide whether and by when to launch a review. Secondly, the definition of ‘contracting entity' in German law lacks clarity, complicating the selection of the appropriate tendering procedures. Thirdly, German law does not require contracting entities in the postal sector to apply public procurement rules. Despite some of the identified grievances having been resolved, the Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Germany to the Court of Justice of the European Union. More information is in the press release.
Letter of formal notice post-judgment (Article 260 TFEU)
Commission calls on PORTUGAL and SLOVAKIA to comply with the Late Payment Directive
The European Commission has decided to send two letters of formal notice under Article 260 TFEU to Portugal and Slovakia (INFR(2017)2037 and INFR(2016)4131) for failing to comply with their obligations under the Late Payment Directive (Directive 2011/7/EC), as confirmed by the Court of Justice of the European Union. Late payments negatively impact businesses by reducing liquidity, hindering growth, and weakening resilience. They also limit a business's ability to transition to greener practices and embrace digital transformation. Businesses and especially SMEs rely on regular payments to operate and pay their employees. The Late Payment Directive obliges public authorities to pay their invoices within 30 days (60 days for authorities providing healthcare). The Court of Justice found that Portugal and Slovakia have failed to fulfil their obligations under the Late Payments Directive (Commission v Portugal, 11 July 2024 and Commission v Slovakia, 19 September 2024). The measures announced by Portugal and Slovakia since the rulings have not delivered sufficient improvements in addressing the issue. Portugal and Slovakia now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may refer the cases back to the Court of Justice, with a request to impose financial sanctions.
4. Migration, Home Affairs and Security Union
(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Elettra Di Massa – Tel.: +32 2 298 21 61)
Letters of formal notice
Commission calls on ITALY and FINLAND to correctly transpose the provisions of the Firearms Directive
The European Commission decided to open infringement procedures by sending letters of formal notice to Italy (INFR(2025)2070) and Finland (INFR(2025)2069) for failing to correctly transpose certain provisions of the Firearms Directive (Directive (EU) 2021/555). Finland has also failed to correctly transpose certain provisions of Commission Implementing Directive (EU) 2019/68 on marking and of Commission Implementing Directive (EU) 2019/69 on alarm and signal weapons. The Firearms Directive sets common minimum standards on the acquisition, possession, and commercial exchange of civilian firearms, for example firearms used for sport shooting and hunting. The rules under the Directive allow for the lawful use and movement of firearms, essential components and ammunition for civilian use within the EU. At the same time, the Directive keeps 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 that they are illegally converted into lethal firearms. The Commission is sending a letter of formal notice to Finland and Italy, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.
Commission calls on IRELAND to fulfil the obligations on the marketing and use of explosives precursors
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2025)2053) for failing to comply with certain obligations under the Regulation on the marketing and use of explosives precursors (Regulation (EU) 2019/1148). The Regulation establishes EU-wide rules regarding substances and mixtures that could be misused to make homemade explosives. It limits the availability of those substances or mixtures to the general public and requires any suspicious transactions involving the substances to be reported to the appropriate authorities. The Commission considers that Ireland failed to comply with a number of obligations under the Regulation, such as the obligations to lay down rules on penalties, designate the competent authority for the implementation of the Regulation or notify measures for the licencing regime. The Commission is therefore sending a letter of formal notice to Ireland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission calls on LUXEMBOURG, HUNGARY and SLOVAKIA to correctly transpose the provisions of the Child Sexual Abuse Directive
Today, the European Commission decided to send a reasoned opinion to Luxembourg (INFR(2019)2236), Hungary (INFR(2019)2234) and Slovakia (INFR(2019)2135) for failure to correctly transpose into national law the Directive on combating the sexual abuse and sexual exploitation of children and child pornography (Directive 2011/93/EU). The EU has strict rules criminalising child sexual abuse, child sexual exploitation and child sexual abuse material across Europe. The Directive includes minimum rules concerning the definition of criminal offences and sanctions andintroduces provisions to strengthen the prevention of those crimes and the protection of child victims. The Directive also requires Member States to ensure that effective intervention programmes or measures are made available to offenders. The three Member States have not correctly transposed a number of these rules. Therefore, the Commission has decided to issue a reasoned opinion to these Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission refers BULGARIA, IRELAND and PORTUGAL to the Court of Justice of the European Union for not complying with the Terrorist Content Online Regulation
Today, the Commission decided to refer Bulgaria (INFR(2022)2113), Ireland (INFR(2022)2121) and Portugal (INFR(2022)2129) to the Court of Justice of the European Union for failing to comply with certain obligations from the Regulation on the dissemination of terrorist content online (“TCO Regulation” - Regulation (EU) 2021/784). The TCO Regulation, which became applicable on 7 June 2022, requires that terrorist content in the EU is taken down by online platforms within one hour upon receipt of a removal order issued by Member States' authorities. This helps to counter the spread of extremist ideologies online – which is key for preventing attacks and addressing radicalisation – while safeguarding fundamental rights. The Commission considers that Bulgaria, Ireland and Portugal have failed to comply with one or more obligations under the TCO Regulation. This includes the requirement to designate the authority or authorities responsible for enforcing the Regulation and ensuring compliance, and to notify the Commission of those authorities; to establish a public contact point to handle requests for clarification and feedback in relation to removal orders; and to lay down the rules and measures on penalties in case of non-compliance of hosting service providers with their legal obligations. The Commission is therefore referring Bulgaria, Ireland and Portugal to the Court of Justice of the European Union. More information is available in the press release.
5. Justice
(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Yuliya Matsyk - Tel.: +32 2 226 27 16)
Letters of formal notice
The Commission calls on ITALY and LITHUANIA to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)2066) and Lithuania (INFR(2025)2067), 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 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 two Member States fall short of the requirements of the Directive. In particular, the Commission found that Italy failed to correctly transpose the provisions on the limitations to the use of measures of physical restraint in public, the right to silence and not to incriminate oneself, whenever investigating authorities gather information at the scene or immediately after the offence and whenever the suspect gives spontaneous statements. Lithuania failed to transpose the measures related to public references to guilt, the use of measures of physical restraint in court, the temporary nature of the exclusion from the trial, and the right to a new trial. Moreover, both Member States have failed to correctly transpose the requirement to have the person tried in absentia informed of their right to a new trial, as well as remedies available in case of breaches of the rights enshrined in the Directive. The Commission is therefore sending a letter of formal notice to Italy and Lithuania, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on MALTA to comply with EU rules on jurisdiction, recognition and enforcement of judgments in civil and commercial matters
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Malta (INFR(2025)2100), for failing to comply with its obligations under the Regulation on jurisdiction and the recognition and enforcement of judgments (Regulation (EU) 1215/2012) in the area of gambling. The Commission found that Malta failed to comply with the Regulation by imposing on its courts an obligation to systematically refuse —on grounds of national public policy— the recognition and enforcement of judgments issued by courts of other EU Member States against Maltese-licensed gaming companies. Additionally, Malta discourages foreign litigants from pursuing legal action in Maltese courts against these entities, despite EU rules designating such courts as the appropriate forum based on the defendant's domicile. The Commission considers that the Maltese legislation, by effectively shielding the online gaming sector from cross-border litigation, undermines the principle of mutual trust in the administration of justice within the Union. It also violates the prohibition on reviewing judgments from other Member States on their substance, exceeds the limits of the public policy exception, and distorts the EU's rules on jurisdiction. Therefore, the Commission is 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 a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission calls on the NETHERLANDS to fully transpose the Directive on procedural safeguards for children in criminal proceedings
The European Commission decided to send a reasoned opinion to the Netherlands (INFR(2023)2089) for failing to fully transpose the Directive on procedural safeguards for children in criminal proceedings (Directive (EU) 2016/800) into national law. This Directive aims to guarantee common minimum standards regarding the rights of children who are suspects or accused persons in criminal proceedings to ensure their right to a fair trial across the EU. The Commission sent a letter of formal notice to the Netherlands in October 2023. After analysing their reply, the Commission concluded that the Netherlands still failed to correctly transpose the provisions related to the right of the child to receive information on the requirement for the holder(s) of parental responsibility to be informed of the child's rights. Therefore, the Commission has decided to issue a reasoned opinion to the Netherlands, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission calls on GERMANY, LUXEMBOURG, and POLAND to transpose EU rules on the EU Emergency Travel Document
Today, the European Commission decided to send reasoned opinions to Germany (INFR(2025)0028 and INFR(2025)0032), Luxembourg (INFR(2025)0067 and INFR(2025)0071) and Poland (INFR(2025)0084 and INFR(2025)0089) for failing to transpose Council Directive (EU) 2019/997 establishing a uniform EU Emergency Travel Document (‘EU ETD') and the accompanying Commission Delegated Directive (EU) 2024/1986. The EU ETD Directive provides that Member States issue EU Emergency Travel Documents to EU citizens whose passports have been lost, stolen, or destroyed when being abroad, to allow them to return to their countries of origin or residence. Member States had until 9 December 2024 to transpose both Directives into national law and must start issuing the new EU Emergency Travel Document on 9 December 2025. The Commission sent letters of formal notice to Germany, Luxembourg and Poland on 31 January 2025 for failing to communicate transposition measures. Since these Member States did not take the necessary measures to ensure the transposition of the two Directives, the Commission has decided to issue reasoned opinions to Germany, Luxembourg, and Poland. The three Member States now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission decides to refer POLAND and SWEDEN to the Court of Justice of the European Union for incorrectly transposing rules on the European arrest warrant
Today, the European Commission decided to refer Poland (INFR(2020)2308) and Sweden (INFR(2020)2362) to the Court of Justice of the European Union 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 Commission sent a first letter of formal notice to Sweden in February 2021 and an additional letter of formal notice in February 2024 for failing to correctly transpose the provisions of the Framework Decision. However, the Commission still considered that the transposition by Sweden was not correct and therefore sent a reasoned opinion in October 2024. The Commission sent a first letter of formal notice to Poland in December 2020. After assessing the reply, the Commission considered that some of the grievances persisted and, therefore, sent an additional letter of formal notice to Poland in July 2023 and a reasoned opinion in April 2024. The Commission considers that efforts by the authorities have, to date, been insufficient and is thus referring Poland and Sweden to the Court of Justice of the European Union. More information is available in the press release.
6. Energy and climate
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Giulia Bedini – Tel.: +32 2 295 86 61; Ana Crespo Parrondo – Tel.: +32 2 298 13 25)
Letters of formal notice
Commission calls PORTUGAL and ROMANIA to comply with the EU rules on ecodesign and energy labelling of products
Today, the European Commission decided to send letters of formal notice to Portugal (INFR(2025)2073) and Romania (INFR(2025)2074) for not ensuring effective compliance with the EU regulations on ecodesign (Directive 2009/125/EC) and energy labelling (Regulation (EU) 2017/1369) of products. Member States are responsible for ensuring effective surveillance of their markets and that only products complying with all the applicable EU rules are placed on the market. In practical terms, this means checking products satisfy the minimum energy use requirements and have a correct energy label providing consumers with the information they need for purchase decisions. The Market Surveillance Regulation (Regulation (EU) 2019/1020) sets out the obligation of the Member States to ensure effective market surveillance, which include having a national market surveillance authority, resourcing it adequately and giving it power to investigate, performing checks on products at an adequate scale and reporting those checks in the Information and Communication System for Market Surveillance database. The Commission considers that the two Member States do not comply with this obligation and is therefore sending letters of formal notice to Portugal and Romania, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on HUNGARY to abolish charges imposed on operators receiving free allowances under the EU Emissions Trading System
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2025)4016), for applying a carbon quota tax and a transaction fee to recipients of a significant free allocation of allowances under the EU Emissions Trading System (EU ETS, Directive 2003/87/EC), as those charges interfere with the EU law. The ETS Directive and Commission Delegated Regulation (EU) 2019/331 lay down harmonised rules on the free allocation of allowances to industrial installations participating in the EU ETS. Free allocation refers to the distribution of emissions allowances at no cost to certain installations, to help prevent “carbon-leakage”, meaning the relocation of industries outside the EU to countries with less stringent climate policies. These free allowances must be granted without charges or conditions that would undermine their intended economic benefit. Furthermore, the EU ETS Registry Regulation (Commission Delegated Regulation (EU) 2019/1122) requires any fees charged by national competent authorities on holders of the accounts in the Union Registry to be reasonable. By contrast, Hungarian legislation provides for charges which apply to recipients of significant free allocation, and they are qualified as such according to the amount of annual emissions and of received free allocation. The first charge is the carbon quota tax, equivalent to €36 per tonne of CO2 yearly emissions of the installation. The second charge is a transaction fee, payable to the competent authority after a transfer of allowances under the EU ETS, whether allocated for free or purchased. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission urges GREECE and FINLAND to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2024)0221) and Finland (INFR(2024)0226) for failing to fully transpose into national law the provisions of the revised Renewable Energy Directive related to the simplification and acceleration of permitting procedures. The revised Directive (Directive (EU) 2023/2413, amending Directive (EU) 2018/2001 entered into force in November 2023 and certain provisions had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They also include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest. In September 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national law. After having examined the transposition measures notified by Greece and Finland, the Commission has concluded that neither of the two Member States have yet fully transposed the provisions related to the simplification and acceleration of permitting procedures. The Commission is therefore sending a reasoned opinion to both Member States, which now have two months to respond and take the necessary measures to complete the transposition. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
7. Taxation
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Saul Louis Goulding – Tel.: +32 229-64735)
Letters of formal notice
Commission calls on BELGIUM and PORTUGAL to deploy customs electronic systems
The European Commission decided to open infringement procedures by sending letters of formal notice to Portugal (INFR(2025 2064) and Belgium (INFR(2025)2016) for failing to deploy the system for Temporary Storage for air transport and – in the case of Portugal (INFR(2025) 2064) - in addition for also failing to deploy the National Import System . The Member States were obliged to build and make these systems operational, including by ensuring full migration of the relevant economic operators' systems, by 31 December 2023 according to the Union Customs Code (Regulation (EU) 952/2013) and the UCC Work Programme (Commission Implementing Decision (EU) 2023/2879). The electronic system for temporary storage allows the relevant declarations to be lodged electronically and is one of the crucial steps to ensure the supervision of goods entering the EU. Once these declarations are launched electronically, the National Import System ensures that relevant measures of both a fiscal and non-fiscal nature are applied to goods imported into the EU. By providing interconnections with various other national applications, the National Import System plays a central role in ensuring, among others, the effective collection of revenues and the protection of the EU's financial interests, as well as the enforcement of EU level and national prohibitions/restrictions in connection with the import of goods. The Commission is therefore sending letters of formal notice to Belgium and Portugal, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion
Commission calls on BELGIUM to comply with EU customs data transmission requirements
The European Commission decided to open infringement procedures by sending letter of formal notice to Belgium (INFR(2025)2009) for failing to meet their obligations on customs data transmission. Under the Union Customs Code (UCC) (Regulation (EU) 952/2013) and the Commission Implementing Regulation (EU) 2015/2447, the Member States are required to transmit specific customs data through SURV3, an EU-operated digital system accessible to national customs authorities. The SURV3 IT system ensures the collection and monitoring of customs data across the European Union, facilitating the uniform application of customs controls, effective risk management, and compliance with EU border measures. The UCC and the UCC-IA stipulate that Member States must transmit a set of 57 standardised data elements in a specified format to the SURV3 system. However, despite deadlines to comply, the targeted Member States continue to use outdated formats and provide reduced datasets. This non-compliance undermines the efficacy and reliability of EU customs operations and the regulatory frameworks that support them. The Commission is therefore sending letter of formal notice to Belgium, which now have two months to respond and address the shortcomings identified by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
Commission calls on SPAIN to end the discriminatory taxation of non-resident individuals' dwellings used as habitual residence
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2025)4007) for failing to align its rules on taxation of non-resident taxpayers on their dwellings used as habitual residence with the free movement of workers (Article 45 TFEU and Article 28 EEA) and with the free movement of capital (Article 63 TFEU and Article 40 EEA). While resident taxpayers are not subject to tax on deemed income attributable to their dwellings used as habitual residence, non-resident taxpayers are required to pay income tax on 2% of the cadastral value of their dwellings used as habitual residence as deemed income. The Commission is therefore sending a letter of formal notice to Spain, which now has two months to respond and address the shortcomings identified by the Commission. In the absence of satisfactory responses, the Commission may decide to issue a reasoned opinion.
Reasoned opinion
Commission calls on PORTUGAL to comply with the EU excise duty legislation on wine
Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2020)4063) for failing to comply with EU excise duty rules on wine (Council Directive 92/83/EEC). EU excise duty legislation allows the application of a zero-excise duty on wine. Stronger wines (with an alcoholic strength between 15% and 18% by volume) may benefit from this treatment only if their strength has been obtained naturally. However, if the alcoholic strength of these products has been increased for example by the addition of sugar or alcohol, a higher excise duty rate must be charged. The Portuguese legislation does not include this condition. As a result, these products incorrectly benefit from the zero rate applicable in Portugal to wine. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission calls on HUNGARY to abolish its retail tax regime to comply with the freedom of establishment
The European Commission decided to send a reasoned opinion 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 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 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. As part of its Recovery and Resilience Plan (RRP), which was endorsed by the Council on 15 December 2022, Hungary committed to phase out the retail tax, which had been introduced in 2022 to increase the contribution of the retail sector to public finances. However, 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. 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.
Referrals to the Court of Justice
Commission decides to refer PORTUGAL to the Court of Justice of the European Union for failing to notify measures in the area of excise duty
Today, the European Commission decided to refer Portugal (INFR(2022)0160 and INFR(2022)0162) to the Court of Justice of the European Union for failing to fully transpose into national law Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (recast) and Council Directive (EU) 2020/1151 of 29 July 2020 amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages. Directive (EU) 2020/262 is of crucial importance in the area of excise duty by providing common rules on the movements of excise goods. The remaining transposition gap in Portugal affects for instance the validity of the guarantees submitted by excise operators. Such guarantees are needed to perform cross border movements of excise goods within the EU. Directive (EU) 2020/1151 sets up an EU-wide certification system for small alcohol producers to facilitate their access to lower excise duty rates across the Union. It also supports the fight against fraud by clarifying the conditions for the application of the exemptions for alcohol not intended for human consumption. The transposition gap by Portugal affects the cross-border trade of alcohol produced by small producers of wine to other Member States and of the alcohol not intended for human consumption. All EU Member States were required to bring into force the laws necessary to fully transpose Directive (EU) 2020/262 and Directive (EU) 2020/1151 by 31 December 2021 and communicate the text of those measures to the Commission immediately. However, the national measures fully transposing these Directives still have not been notified by Portugal. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Portugal to the Court of Justice of the European Union with a request to impose financial sanctions. More information is in the press release.
8. Mobility and Transport
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Anna Wartberger – Tel.: +32 2 298 20 54)
Reasoned opinion
Commission calls on BELGIUM to fully transpose EU rules on tolls and user charges for road infrastructure use
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2024)0149) for failing to fully transpose EU rules on the charging of vehicles for the use of certain infrastructures (Directive (EU) 2022/362). The Directive sets common rules on imposing distance-based charges (tolls) and time-based user charges (vignette/s), allowing Member States to recover infrastructure costs (construction, operation, maintenance) through tolls or vignettes. Belgium did not communicate its transposition measures within the prescribed deadline of 25 March 2024. Despite receiving a letter of formal notice on 23 May 2024, Belgium has only partially complied with the transposition requirements, notifying measures for the Flanders and Brussels Capital regions, but not for the Wallonia region. Therefore, the Commission has decided to issue a reasoned opinion. Belgium 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.
9. Digital economy
(For more information: Thomas Regnier - Tel.: +32 2 299 10 99, Patricia Poropat – Tel.: + 32 2 298 04 85)
Reasoned opinion
Commission calls on ROMANIA to comply with rules on extended collective licensing of copyright
Today, the European Commission decided to send a reasoned opinion to Romania (INFR (2015)4027) for failing to comply with certain EU rules on copyright and related rights (Directive 2001/29/EC) and Directive (EU) 2019/790). The rules are related to the extended collective licensing system in place for the right of communication to the public of musical works. After sending a first letter of formal notice calling on Romania to bring its law in line with the EU copyright framework, Romania amended its legislation. The Commission found that the amendments did not fully address the infringement, and it sent Romania an additional letter of formal notice. However, the Commission continues having concerns as regards the compatibility of the Romanian Copyright Act with EU Copyright law since the broad scope of the extended collective licensing system in Romanian law affects the exercise of the authors' exclusive right of communication to the public. 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.
10. Jobs and social rights
(For more information: Eva Hrncirova - Tel.: +32 2 298 84 33; Quentin Cortes - Tel.: +32 2 291 32 83)
Letter of formal notice
Commission calls on FRANCE to comply with EU rules on working time
The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2025)4012) for failing to comply with EU rules on working time (Directive 2003/88/EC). The Commission considers that French law does not ensure that workers, who fall ill during their annual leave, can take later their annual leave days that overlapped with their illness. The Commission considers that French law therefore does not comply with the Working Time Directive and does not ensure the health and safety of workers. 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.
Referral to the Court of Justice
Commission decides to refer SPAIN to the Court of Justice of the European Union for not fully transposing the rules on transparent and predictable working conditions into national law
Today, the European Commission decided to refer Spain (INFR(2022)0354) to the Court of Justice of the European Union for failing to fully transpose the Directive on transparent and predictable working conditions (Directive 2019/1152) into national law. EU rules require, for instance, that workers receive timely and complete information about essential aspects of their job, such as working time and remuneration. According to the measures notified to the Commission, Spain does not have such rules in place. The Commission launched the infringement procedure by sending a letter of formal notice to the Spanish authorities in September 2022, followed by a reasoned opinion in June 2023. In February 2025, Spain notified to the Commission national measures transposing some, but not all, of the provisions of the Directive into their national law. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Spain to the Court of Justice of the European Union with a request to impose financial sanctions. More information is in the press release.
Details
- Publication date
- 18 June 2025
- Author
- Representation in Malta