November infringements package: key decisions

This article is brought to you in association with the European Commission.

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 47 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 BELGIUM and CYPRUS to comply with the Water Framework Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice toBelgium (INFR(2024)2231) and Cyprus (INFR(2024)2227)for failing to periodically review water permits in line with the Water Framework Directive (Directive 2000/60/EC). The Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. These measures must be included in the river basin management plans which must be established and reported to the Commission every six years. Each programme of measures must include basic measures to control different types of water abstraction, impoundment, point source discharge, diffuse sources liable to cause pollution, and any other significant adverse impacts on water quality. Member States are required to periodically review and update these controls to determine whether the measures in place still achieve their objectives. The Commission has already initiated similar infringement procedures against four other Member States (the Netherlands, Austria, Slovenia and Finland). In Belgium, the legislation of the Brussels-Capital, Flemish and Walloon regions respectively is not compliant with the Directive. On water abstraction, these regional legislations do not always provide for a periodic review of the authorisation or they set an interval for review which is too long (exceeding 12 years). Regarding the point source discharge, the intervals set by the three regional legislations between the periodic reviews of the authorisation are too long. In Cyprus, the national legislation does not impose any kind of periodic review, as required by the Directive. The Commission is therefore sending letters of formal notice to Belgium and Cyprus, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission calls on GREECE to report data on compliance with recycling targets in line with the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)2228)for failing to comply with 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. To verify compliance with the recycling targets laid down by the Directive, Member States must report data on preparing for reuse and recycling of waste materials, as set out in the implementing rules (Commission Implementing Decision (EU) 2019/1004). Greece is the only Member State that has not reported on this data for the years 2020, 2021 and 2022. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission calls on HUNGARY to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)2229)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 11 other Member States (Bulgaria, Czechia, Estonia, France, Italy, Cyprus, the Netherlands, Austria, Poland, Portugal, and Romania). The Commission has found that Hungary has not correctly transposed several provisions of the amended Directive. This includes provisions setting criteria when certain waste ceases to be waste and becomes a product, or a secondary raw material (end-of-waste criteria). In addition, the requirements on the national targets of the extended producer’s responsibility scheme and the publication of financial contributions as well as the requirements on regular review of derogations from recovery operations are not in line with the Directive. Hungary also failed to provide measures to encourage home composting. 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.

The Commission calls on HUNGARY to correctly transpose the Landfill Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)2230) for failing to correctly transpose the Landfill Directive (Directive 1999/31/EC on the landfill of waste as amended by Directive (EU) 2018/850). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must take measures to ensure that only waste that has been subject to treatment is landfilled. The Landfill Directive fixes a target to reduce landfilling of municipal waste to 10% by 2035; prohibits as of 2030 the landfilling of waste suitable for recycling or other recovery; and sets rules on calculating the achievement of the landfill reduction target. The Directive also requires Member States to put in place an effective quality control and traceability system for landfilled municipal waste. Hungary, amongst others, did not correctly transpose the Directive’s provision requiring that waste that has been separately collected for preparing for reuse and recycling, was not landfilled. 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.

The Commission calls on ITALY to prevent and manage the spread of invasive non-native species in line with the Invasive Alien Species Regulation
The European Commission decided to open an infringement procedure by sending a letter of formal notice 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. After the documentation of the fire ant in Sicily, Italy did not notify the Commission without delay and the other Member States of its early detection. The Italian authorities also did not notify the Commission of any eradication measures or of their effectiveness. Furthermore, Italy has not taken all necessary steps to prevent the unintentional spread of the fire ant and has not effectively implemented the surveillance system of invasive alien species of Union concern. Italy needs to put in place the requisite measures to be in line with the regulation. The Commission is therefore sending a letter of formal notice to Italy, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Letter of formal notice under Article 260 TFEU

The Commission calls on IRELAND to comply with a judgment of the Court of Justice on the adequate collection and treatment of urban waste water
The European Commission decided to send a letter of formal notice under Article 260 TFEU to Ireland (INFR(2013)2056) for failing to comply with the judgment of the Court of Justice of the European Union of 28 March 2019 (C-427/17). In this ruling, the Court of Justice found that Ireland does not comply with the urban waste water treatment directive (Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water is collected and treated before discharge into the environment. Towns and cities need to put in place the necessary infrastructure in order to collect and treat their urban waste water. Uncollected or untreated waste water can put human health at risk and pollute lakes, rivers, soil and coastal and groundwater. Ireland should have complied with the requirements of the Directive by 31 December 2005 at the latest. In March 2019, the Court of Justice ruled that Ireland had breached the requirements of the urban waste water treatment directive in 28 agglomerations. Whilst Ireland has made progress in remedying some of the breaches, for instance with the construction of the Shanbally treatment plant, compliance has still not been achieved for 16 agglomerations covered by the judgment. 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 refer Ireland to the Court of Justice of the European Union with a request to impose financial sanctions.

Reasoned opinion

The Commission calls on ITALY to comply with rules on birds hunting, particularly on the use of lead in ammunition
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2023)2187) for failing to comply with the Birds Directive (Directive 2009/147/EC) and the REACH Regulation (Regulation 1907/2006/EC  as amended by  Regulation 2021/57/EU) because of changes introduced in the Italian hunting rules. The Birds Directive aims to protect all naturally occurring wild bird species present in the EU and their habitats. The amended REACH Regulation restricts the use of lead-containing gunshot in or near wetlands to protect water birds, the environment, and human health. The Commission has found that several pieces of Italian legislation do not conform with this EU legislation. Italian legislation granted regions the power to authorise the killing or capture of species of wild fauna, even in areas where hunting is prohibited, such as protected areas, and during the period of the year when hunting is prohibited and this in breach of the Birds Directive. Moreover, Italian legislation does not comply with the provisions of the amended REACH Regulation on the use of lead in gunshot. The Commission sent a letter of formal notice in February 2024. Although Italy has amended national law, the national plan provided for by this law still contains provisions that are not in line with the Birds Directive. Italy has also not yet amended its legislation to comply with the REACH Regulation. Therefore, the Commission has decided to issue a reasoned opinion to Italy, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Referrals to the Court of Justice

The Commission decides to refer BULGARIA and ROMANIA to the Court of Justice of the European Union for failure to adequately collect and treat urban waste water
Today, the European Commission decided to refer Bulgaria (INFR(2017)2082) and Romania (INFR(2018)2109)to the Court of Justice of the European Union for failing to fully comply with the collection and treatment obligations set in the urban waste water treatment directive (Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water is collected and treated before discharge into the environment. Towns and cities (agglomerations) need to put in place the necessary infrastructure to collect and treat their urban waste water. The Commission sent a letter of formal notice to Bulgaria in July 2017, followed by a reasoned opinion in May 2020. The Commission sent a letter of formal notice to Romania in June 2018, followed by an additional letter of formal notice in October 2020 and a reasoned opinion in February 2022. The additional letter of formal notice was sent to Romania to include big agglomerations that were not in the scope of the initial letter of formal notice in June 2018. The Commission considers that efforts by the Bulgarian and Romanian authorities have, to date, been insufficient and is therefore referring Bulgaria and Romania to the Court of Justice of the European Union. More information is in the press release.

2. Internal Market, Industry, Entrepreneurship and SMEs

(For more information: Johanna Bernsel – Tel.: +32 2 298 66 99; Federica Miccoli – Tel.: +32 229-58300)

Letters of formal notice

Commission asks FRANCE to comply with EU rules on freedom of establishment and free movement of workers in the EU
The European Commission has decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2024)4025) for non-compliance of national rules with the free movement of workers and freedom of establishment enshrined in Articles 45 and 49 of the Treaty on the Functioning of the EU (TFEU). These two freedoms are fundamental for business and professional mobility within the Single Market. They make it easier for fully qualified professionals to practice in different Member States either as self-employed or as an employee, whilst guaranteeing a high level of protection for consumers and citizens. The European Commission considers that French rules fail to comply with Articles 45 and 49 TFEU since they prevent EU doctors, dentists and midwives, who are fully qualified to exercise their profession within the European Union, from working in France, either as self-employed or as employees, if they are already registered to practise their profession in a country outside the European Union. French law thus creates a restriction on the free movement of workers and freedom of establishment. Based on the information of the Commission, this restriction does not seem justified and therefore breaches Articles 45 and 49 TFEU. The Commission is therefore sending a letter of formal notice to France, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Commission calls on FRANCE to ensure that its labelling requirements for waste sorting comply with the principle of free movement of goods
Today, the European Commission has decided to send a reasoned opinion to France (INFR(2022)4028) for failure to address the incompatibility of its labelling requirements concerning waste sorting instructions with Articles 34-36 of the Treaty on the Functioning of the European Union (TFEU). To be sold in France, household products belonging to an extended producer responsibility (EPR) scheme must be labelled with the ‘Triman logo’, signage informing that the product is the object of sorting rules, and the ‘infotri’, information specifying the methods for sorting. Currently, the provision of waste sorting instructions to consumers is not governed by harmonised EU rules. However, this will be soon regulated under the future implementing acts to be adopted under the new Packaging and Packaging Waste Regulation. The Commission deems that, until then, national laws adopted in this field shall not create unnecessary barriers for internal market trade. National labelling requirements are also repeatedly indicated by industry as a major internal market barrier and seriously undermines the free movement of goods. The Commission aims to remove the barriers most significantly impacting the ability of European companies to benefit from the internal market and scale up. The Commission considers that the French authorities have not provided sufficient evidence concerning the proportionality of their policy as other less restrictive options are available. According to the Commission, France is also in breach of the notification obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535) since the concerned law was not notified to the Commission prior to adoption. 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.

3. Energy and climate

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

Letters of formal notice

Commission calls on BELGIUM, BULGARIA, CZECHIA, ESTONIA, GREECE, CROATIA, CYPRUS, MALTA, AUSTRIA, POLAND, PORTUGAL, SLOVENIA and SLOVAKIA to urgently submit their final updated National Energy and Climate Plans  
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2024)2252), Bulgaria (INFR(2024)2253), Czechia (INFR(2024)2255), Estonia (INFR(2024)2257), Greece (INFR(2024)2258), Croatia (INFR(2024)2256), Cyprus (INFR(2024)2254), Malta (INFR(2024)2259), Austria (INFR(2024)2251) Poland (INFR(2024)2260), Portugal (INFR(2024)2261), Slovenia (INFR(2024)2263) and Slovakia (INFR(2024)2262) for failing to submit their final updated National Energy and Climate Plans (NECPs) in line with the Regulation on the Governance of the Energy Union and Climate Action. The final updated NECPs are crucial tools to ensure that Member States set out a concrete roadmap to achieve the agreed EU goals for greenhouse gas emissions reduction, renewable energy and energy efficiency, among others. They are also key for the European Commission to assess where Member States stand collectively in terms of ambition towards the EU 2030 climate and energy targets. Under Article 14(2) of the Governance Regulation, all Member States had to submit their final updated NECPs by 30 June 2024. So far, the Commission has received 14 final Plans. Following extensive exchanges after the submission of draft Plans and adoption of Commission recommendations to the Member States, these 13 Member States have still not submitted their final updated NECPs. The Commission considers that they are in breach of their obligation under the Governance Regulation and is therefore sending letters of formal notice. Belgium, Bulgaria, Czechia, Estonia, Greece, Croatia, Cyprus, Malta, Austria, Poland, Portugal, Slovenia and Slovakia now have two months to reply to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Additional Reasoned opinion

Commission urges IRELAND, SPAIN, FRANCE and HUNGARY to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send additional reasoned opinions to Ireland INFR(2021)0260), Spain (INFR(2021)0220), France (INFR(2021)0238) and Hungary (INFR(2021)0256) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 for renewable energy and includes specific rules for guarantees of origin (GOs). GOs are electronic certificates to inform the final customers on the share of energy from renewable sources in a supplier’s energy mix. The Directive further includes sustainability and greenhouse gas emissions savings criteria for biofuels, bioliquids and biomass fuels and rules on the verification of compliance of those fuels with these criteria. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent letters of formal notice to the four Member States for failing to fully transpose the Directive. As regards Ireland, Spain and France, the Commission then followed up with reasoned opinions due to their continuous failure to fully transpose the Directive and decided to refer Hungary to the Court of Justice of the European Union for lack of transposition of the Directive. After having examined the replies and the subsequently notified measures from the four Member States, the Commission has decided to issue additional reasoned opinions to Ireland, Spain, France and Hungary due to incomplete transposition. The reasoned opinions draw the attention on other transposition gaps regarding the provisions on guarantees of origin for energy from renewable sources, or on other transposition issues concerning the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. The four Member States now have two months to remedy the situation and notify the complete transposition of the Directive to the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union. 

4. Taxation and Customs Union  

(For more information: Francesca Dalboni – Tel.: +32 229 88170; Saul Louis Goulding – Tel.: +32 229-64735) 

Referrals to the Court of Justice  

The Commission decides to refer GERMANY to the Court of Justice of the European Union for failing to eliminate discriminatory tax treatment of reinvested capital gains on the sale of German real estate
Today, the European Commission decided to refer Germany (INFR(2012)4037) to the Court of Justice of the European Union for having failed to remedy the infringement of the free movement of capital (Article 63 TFEU and Article 40 of the EEA Agreement) due to a discriminatory tax treatment of reinvested capital gains upon sale of real estate located in Germany. Germany grants a deferral of taxation for reinvested capital gains made on the sale of real estate located in Germany, provided that the real estate has been attributed to the fixed assets of a domestic permanent establishment (Betriebsstätte in Deutschland) for an uninterrupted period of at least 6 years. Corporations established in Germany, even without a business activity therein, are deemed to have such a permanent establishment at their place of management (i.e. in Germany). Comparable corporations established in other EU/EEA Member States are deemed not to have such permanent establishments in Germany. Hence, Germany denies to provide them with a tax deferral for reinvested capital gains from the alienation of German real estate. As a consequence, Germany violates the free movement of capital. The Commission sent a reasoned opinion to Germany in November 2019 and engaged in further technical exchanges with the German authorities. 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. 

5. Mobility and Transport

(For more information: Adalbert Jahnz – Tel.: +32 229 53156, Anna Wartberger – Tel.: +32 2 298 20 54)

Reasoned opinions

The Commission urges SLOVAKIA to conduct mandatory road tunnels inspections on TEN-T road network
Today, the European Commission decided to send a reasoned opinion to Slovakia (INFR(2024)4000) for failing to fulfil its obligation to regularly inspect road tunnels built on the trans-European transport network (TEN-T).Directive 2004/54/EC requires Member States to conduct regular inspections of road tunnels on the European transport network exceeding 500 meters in length, at least every six years. This aims, to guarantee safety, prevent accidents and mitigate the consequences of any incidents that may occur. Lack of regular inspection of the road tunnels exposes users to potential risks. The Commission is therefore sending 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.

6. Financial Stability, Financial Services and Capital Markets Union

(For more information: Francesca Dalboni – Tel.: +32 229 88170, Marta Perez-Cejuela Romero Tel.: +32 2 296 37 70)

Reasoned opinions

The Commission urges BULGARIA, SPAIN, LATVIA, MALTA, PORTUGAL and ROMANIA to fully transpose the Motor Insurance Directive
Today, the European Commission decided to send reasoned opinions to Bulgaria (INFR(2024)0012), Spain (INFR(2024)0046), Latvia (INFR(2024)0091), Malta (INFR(2024)0097), Portugal (INFR(2024)0116) and Romania (INFR(2024)0124) for failing to notify the Commission of complete transposition of the amended Motor Insurance Directive (Directive (EU) 2021/2118 amending Directive 2009/103/EC) into national law. The Motor Insurance Directive seeks to strengthen the protection of victims of traffic accidents across the EU. To that end, the amended Directive clarifies the scope of that protection, facilitates checks on compulsory motor insurance and sets up a mechanism to compensate victims in case of insolvency of the responsible insurer. It also facilitates switching between insurers for policyholders by ensuring equal and non-discriminatory treatment of claims history statements. The deadline to transpose the Directive into national law was 23 December 2023. On 25 January 2024, the Commission sent a letter of formal notice to the Member States concerned for not having communicated to the Commission its full transposition. In the absence of a satisfactory response, the Commission has now decided to issue reasoned opinions to Bulgaria, Spain, Latvia, Malta, Portugal and Romania. They 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.

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