October 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 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 59 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 and additional letter of formal notice

Commission calls on BELGIUM and MALTA to comply with waste management requirements  
The European Commission decided to open an infringement procedure by sending letters of formal notice to Belgium (INFR(2025)2129) and Malta (INFR(2025)2131) for failing to comply with the Landfill Directive (Directive 1999/31/EC) 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. This should include, as a minimum, an adequate selection of the different waste streams and the pre-treatment of the organic fraction of waste. Regarding Belgium, the grievances concern the transposition of rules in Flanders, such as the exclusions from landfilling. Furthermore, the calculation rules for attaining the landfill target are insufficiently clear and precise, and the exemptions on testing of compliance of the waste to be landfilled are not in line with the Directive. Regarding Malta, landfilled waste at certain sites is not subject to an adequate selection of waste streams prior to landfilling. Annual municipal waste generated per capita was higher in Malta than in most EU countries, and landfilling is still the predominant waste treatment option with a low recycling rate. The Commission is therefore sending letters of formal notice to Belgium and Malta, 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 ESTONIA and AUSTRIA to correctly transpose the Drinking Water Directive  
The European Commission decided to open infringement procedures by sending letters of formal notice to Estonia (INFR(2025)2122) and Austria (INFR(2025)2120) for failing to correctly transpose the 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 rules for cleaner tap water. Member States were required to transpose the Directive into national law and comply with its provisions by 12 January 2023. The conformity checks of national legislations have revealed instances of non-conform transposition in both Member States. As regards Estonia, the transposition issues concern measures to be taken in case of potential danger to human health from drinking water, the conformity of materials in contact with drinking water and the risk-based approach obligations. Regarding Austria, transposition issues concern general obligations and quality standards in one of the Austrian Länder (Carinthia). Other shortcomings concern the transposition of the rules on risk assessment and risk management of the catchment areas, the supply system, the domestic distribution system and monitoring. In addition, national rules do not in all cases require operators to provide information on-line to consumers. The Commission is therefore sending letters of formal notice to Estonia and Austria, 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 POLAND to bring its national legislation in line with the Environmental Impact Assessment Directive and the Habitats Directive
The European Commission decided to issue an additional letter of formal notice to Poland (INFR(2019)2024) for failing to correctly transpose the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU as amended by Directive 2014/52/EU) and the Habitats Directive (Directive 92/43/EEC). Under the EIA Directive, major projects must first be assessed regarding their impact on the environment. There are also strict rules about informing the public and ensuring that the public can challenge EIA decisions before the courts. Similar but distinct requirements exist under the Habitats Directive for assessing the impact of plans and projects on Natura 2000 sites. To date, Poland’s legislation is not in line with some of the EIA Directive’s provisions. The Commission therefore sent a letter of formal notice in March 2019. Since then, some issues have been rectified. However, certain shortcomings remain. For example, the Polish law still excludes deep drillings of minerals from the obligation to undergo at least a screening procedure which would allow to decide whether an EIA is necessary. Furthermore, contrary to the EIA and Habitats Directives, the Polish law does not allow environmental organisations to challenge before courts the so-called negative screening decisions (decisions not to carry out an EIA or an assessment of the project’s impact on Natura 2000 sites). The Commission is therefore sending an additional letter of formal notice to Poland. Poland 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 send a reasoned opinion.

Reasoned opinions 

Commission calls on PORTUGAL to correctly transpose the Medium Combustion Plants Directive 
The European Commission decided to issue a reasoned opinion to Portugal (INFR(2024)2224) for not fully transposing the Medium Combustion Plants Directive (MCPD) (Directive 2015/2193/EC). The Directive aims at further reducing air pollution by setting emission limit values for medium combustion plants. These plants are an important source of air pollutants, such as sulphur dioxide, nitrogen oxides and dust. Respecting EU rules on emission limit values is key to effectively protect human health and safeguard the natural environment. The Commission sent a letter of formal notice to Portugal in December 2024, for not having correctly transposed into national legislation several provisions of the MCPD. In its reply to the letter of formal notice, Portugal agreed to amend the legislation to address some of the issues raised. However, other issues remain such as those relating to exemptions, information to be provided by the operator, monitoring of emissions, obligations imposed on the operator and information available to the competent authority. 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 the NETHERLANDS to correctly transpose the Waste Framework Directive 
The European Commission decided to issue a reasoned opinion to the Netherlands (INFR(2023)2161) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC) as amended by Directive 2018/851/EU into national legislation. 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 is 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 Netherlands has not correctly transposed several provisions of the amended Directive including points concerning the general minimum requirements for extended producer responsibility schemes. The Commission sent a letter of formal notice to the Netherlands in December 2023. In its reply of April 2024, the Netherlands committed to amending its national legislation to ensure full compliance with the Directive. However, so far, this has not been completed. Therefore, the Commission has decided to issue a reasoned opinion to the Netherlands, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union. 

2. Internal Market, Industry, Entrepreneurship and SMEs

(For more information: Lea Zuber – Tel.: +32 2 295 62 98; Rüya Perincek – Tel.: +32 460 76 25 10)

Letter of formal noticeand additional letter of formal notice

Commission calls on BELGIUM to ensure public authorities pay for goods and services on time and that recovery compensation is paid automatically
Today the European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2025)2130) for failing to fulfil its obligations under the Late Payment Directive (Directive 2011/7/EU). Late payments negatively impact businesses by reducing liquidity, hindering growth, and weakening resilience.  According to the Commission, several Belgian public administrations, including the Federal Government, Flemish municipalities, and the Brussels-Capital Region, have been paying suppliers later than the maximum time limits set out in the Late Payment Directive (30 days or 60 days for entities providing healthcare). In addition, they have not been paying the fixed EUR 40 recovery compensation required under the rules for late payment. The Commission is therefore sending a letter of formal notice to Belgium, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on ITALY to comply with EU rules on Public Procurement
The European Commission decided to send a third additional letter of formal notice to Italy (INFR(2018)2273) for failing to correctly transpose into national legislation certain provisions of the EU Public Procurement Directives (Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU). EU public procurement legislation requires public contracts above a certain threshold to be put out to tender, respecting the principles of transparency, equal treatment, free competition and non-discrimination. In ensuring that Member States correctly transpose these directives into their national legislations, the Commission acts to protect fair competition, to make it easier and cheaper for small and medium-sized enterprises (SMEs) to bid for public contracts, and to promote better value for taxpayers’ money. The Commission considers that the new rules on project financing award procedures and on the disclosure of technical and commercial secrets related to bids in tenders, set out in the Italian Public Procurement Code adopted in April 2023 and amended in December 2024, still fail to comply with EU Public Procurement Directives. The Commission is therefore sending this additional letter of formal notice to Italy, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinion

Commission calls on CROATIA to ensure free movement of services for lawyers and law firms 
The European Commission has decided to send a reasoned opinion to Croatia (INFR(2023)2189) for restricting disproportionately the freedom of establishment and free movement of services for EU lawyers and law firms in breach of the Services Directive (Directive 2006/123/EC) and the Treaty on the Functioning of the European Union (TFEU). The objective of the Services Directive is to realise the full potential of services markets in Europe by removing legal and administrative barriers, while at the same time allowing for national safeguards which are justified and proportionate to their pursued objective. The Commission considers that the Croatian law breaches EU rules by prohibiting EU law firms from setting up subsidiaries – while Croatian law firms may do so -, by only allowing lawyers to work in one law firm, by imposing excessively high and indirectly discriminatory Bar registration fees, and by placing disproportionate restrictions on commercial communications. Therefore, the Commission has decided to issue a reasoned opinion to Croatia, 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. 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 BULGARIA, DENMARK, FRANCE and CYPRUS to correctly transpose the provisions of the Firearms Directive  
The European Commission decided to open infringement procedures by sending letters of formal notice to Bulgaria (INFR(2025)2155), Denmark  (INFR(2025)2157), France (INFR(2025)2158) and Cyprus (INFR(2025)2156), for failing to correctly transpose the provisions of the Firearms Directive (Directive (EU) 2021/555). 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 Directive keeps high standards of security and protection against criminal acts and illicit trafficking of firearms. The Commission is sending letters of formal notice to Bulgaria, Denmark, France 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.

Reasoned opinions

Commission issues reasoned opinion to BELGIUM, GERMANY, ESTONIA, SPAIN and POLAND for failure to fully transpose the Directive on Information exchange between law enforcement authorities
Today, the European Commission decided to send a reasoned opinion to Belgium, (INFR(2025)0006), Germany, (INFR(2025)0029), Estonia, (INFR(2025)0038), Spain (INFR(2025)0049) and Poland (INFR(2025)0087) for failing to fully transpose the Directive on information exchange between law enforcement authorities of Member States (Directive 2023/977). The Directive aims to strengthen the prevention, detection and investigation of criminal offences in the EU, by ensuring that police officers in one Member State have equivalent access to the information available to those in another Member State. It sets out the organisational and procedural rules on the information sharing between the law enforcement authorities of EU Member States, including the establishment of a single point of contact, acting as a ‘one-stop shop’ for information exchange with other EU Member States. The Commission has decided to issue a reasoned opinion to Belgium, Germany, Estonia, Spain and Poland, 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 with a request to impose financial penalties.

Commission calls on BULGARIA, IRELAND and SPAIN and to correctly transpose the provisions of the Child Sexual Abuse Directive
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2019)2136), Ireland (INFR(2019)2235) and Spain (INFR(2018)2197) for failure to correctly transpose into national law the Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography. 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, and introduces 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. In the absence of a correct transposition of all these rules, the Commission has decided to issue a reasoned opinion to these three 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.

4. Justice

(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Cristina Torres Castillo – Tel.: +32 2 299 06 79)

(For more information on Equality: Eva Hrncirova – Tel.: +32 2 298 84 33; Anna Gray – Tel.: +32 2 298 08 73)

Letter of formal notice and additional letter of formal notice

Commission calls on PORTUGAL to correctly transpose EU rules on price reductions in relation to services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2025)2154) for failing to correctly transpose the rules on price reductions provided in the Modernisation Directive (Directive (EU) 2019/2161)). This Directive amends four directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive, and the Price Indication Directive. It aims to ensure a high level of protection for consumers while harmonising national rules for the benefit of the internal market. The Commission considers that Portuguese national provisions transposing the amendments of the Price Indication Directive go beyond its scope, covering not only movable goods, as required by the Price Indication Directive, but also services. Portugal therefore does not comply with the Unfair Commercial Practices Directive, which covers all commercial practices, including announcements of price reductions for services, and prohibits Member States from adopting stricter rules that exceed its requirements. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on CZECHIA to correctly transpose EU rules on free movement of persons
The European Commission decided to send an additional letter of formal notice to Czechia (INFR(2011)2077) for failing to transpose the rules on free movement of EU citizens and their family members (Directive 2004/38/EC). The Commission sent a first letter of formal notice in 2011 and a reasoned opinion in 2012, following which Czechia resolved all but one of the grievances raised by the Commission. However, over the years, new shortcomings in Czechia’s transposition and implementation of EU rules on free movement of EU citizens and their family members have emerged. The Commission has therefore decided to send an additional letter of formal notice to Czechia to address the one remaining issue from the original infringement case, as well as several additional concerns. These grievances include, for example, limitations on the rights that EU citizens and their family members may enjoy in Czechia, such as excessive requirements, unjustified difference in treatment, and shortcomings in relation to restrictions of rights. Czechia now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinion

Commission calls on SLOVAKIA to transpose the European Accessibility Act
The European Commission decided to send a reasoned opinion to Slovakia (INFR(2022)0326) for failing to fully transpose into national law the European Accessibility Act (Directive (EU) 2019/88) on accessibility of products and services for persons with disabilities). Adopted in 2019, the European Accessibility Act requires key products and services, such as phones, computers, e-books, banking services and electronic communications, to be accessible for persons with disabilities. This will help increase active participation in society, including in education and in employment, as well as increase autonomy and mobility opportunities of persons with disabilities, representing more than 100 million European citizens. The deadline for Member States to transpose the Directive was 28 June 2022 and economic operators had to ensure that they comply with the set of common EU accessibility requirements laid down in the Act by 28 June 2025. The Commission sent a letter of formal notice to Slovakia on 22 July 2022 for failing to communicate complete transposition measures. Although Slovakia communicated some more transposition measures, the Commission considered that there are still some transposition gaps. 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 their case to the Court of Justice of the European Union with a request to impose financial penalties. 

5. Energy and climate

(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Cristiana Marchitelli – Tel: +32 2 298 94 07; Ana Crespo Parrondo – Tel.: +32 2 298 13 25)

Letters of formal notice

Commission calls BULGARIA and CROATIA to fulfil their reporting obligations under the internal market rules for electricity
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2025)2161) and Croatia (INFR(2025)2162) for failing to submit their report on the implementation of Article 5 of Directive (EU) 2019/944 by 1 January 2025. Directive (EU) 2019/944 establishes common rules for the internal market for electricity within the EU, aiming to create a competitive, consumer-centered, flexible, and non-discriminatory EU electricity market. Compliance with its provisions is crucial to ensure a fair and integrated energy market across Member States. According to Article 5(9) of the Directive, all Member States were required to provide the Commission with reports on the implementation of Article 5 of the same Directive by 1 January 2025. Such reports detail the necessity and proportionality of public interventions in electricity pricing, including an assessment of progress towards achieving effective competition among electricity suppliers and transitioning to market-based prices. Bulgaria and Croatia have not yet submitted the required reports, thus failing to meet their reporting obligations under the Electricity Directive (EU) 2019/944. The Commission is therefore sending letters of formal notice to Bulgaria and Croatia, which now have two months to respond and notify their reports. In the absence of a satisfactory response by these two Member States, the Commission may decide to issue a reasoned opinion.

Reasoned opinion and additional reasoned opinion

Commission urges MALTA and SLOVAKIA to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today, the European Commission decided to send a reasoned opinion to Malta (INFR(2024)0239) and an additional reasoned opinion to Slovakia (INFR(2024)0252) 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 amending 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 the infrastructure projects necessary to integrate the additional capacity into the electricity system. They also set clear time limits for permit-granting procedures targeted at specific technologies or types of projects, strengthen the role of the single contact point for applications and establish the presumption that renewable energy projects and 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. In February 2025, the Commission sent a reasoned opinion to Slovakia for not notifying any transposition measures. After examining the transposition measures notified by Malta and Slovakia, the Commission concluded that Malta has not yet fully transposed the Directive and Slovakia has not yet provided clear and precise information on how it has transposed the Directive. The Commission is therefore sending a reasoned opinion to Malta and an additional reasoned opinion to Slovakia, which now have two months to respond and complete the transposition. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union with a request to impose financial sanctions.

Referrals to the Court of Justice

Commission decides to refer SWEDEN to the Court of Justice of the European Union in order to ensure accelerated permitting procedures for renewable energy installations
Today, the European Commission decided to refer Sweden (INFR(2024)0249) to the Court of Justice of the European Union 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 amending 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.  The Commission sent Sweden a letter of formal notice in September 2024 and a reasoned opinion in February 2025 for not having notified any transposition measures. Sweden has not yet notified any transposition measures. The Commission is therefore referring Sweden 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 POLAND to the Court of Justice of the European Union for not submitting its final updated National Energy and Climate Plan 
Today, the European Commission decided to refer Poland to the Court of Justice of the European Union for failing to submit its final updated integrated National Energy and Climate Plan (NECP) in line with the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. Under Article 14(2) of the Governance Regulation, all Member States are obliged to submit their final updated NECPs by 30 June 2024, taking into account the Commission’s recommendations and individual assessments. Poland submitted its draft plan and the Commission published the corresponding assessment in April 2024, including recommendations on where the country should raise its ambitions in line with EU targets for 2030. Following the non-submission of the final plan, the Commission contacted the Member State in a pre-infringement dialogue in July 2024. The Commission decided to open an infringement procedure by sending a letter of formal notice to Poland in November 2024. In March 2025, the Commission issued a reasoned opinion still in the absence of the final plan. Having failed to submit its final updated NECP, the Commission considers that Poland has not complied with its legal obligation and is referring it to the Court of Justice of the European Union.  More information is in the press release.

Commission decides to refer to POLAND to the Court of Justice of the European Union for failing to submit its national long-term climate strategy
Today, the European Commission decided to refer Poland (INFR(2022)2089) to the Court of Justice of the European Union for failing to submit its national long-term strategy in line with the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. All EU Member States are obliged to submit their national long-term strategies defining a coherent national plan and vision for reducing greenhouse gas (GHG) emissions in line with the EU’s climate neutrality objective by 2050 and its commitments under the Paris Agreement by 1 January 2020, as set out under Article 15(1) of the EU Governance Regulation. In September 2022, the Commission sent a letter of formal notice to Poland for failure to comply with its obligation under the EU Governance Regulation. This was followed up with a reasoned opinion in November 2023. Until now, Poland has not submitted its national long-term strategy and it is the only EU Member State that has not yet done so. The Commission considers Poland as not having complied yet with its legal obligation and is therefore referring the Member State to the Court of Justice of the European Union. More information is in the press release.

6. 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, FRANCE, and MALTA to fully implement the new EU VAT rules for the special SMEs scheme   
The European Commission decided to open infringement procedures by sending letters of formal notice to Belgium (INFR(2025)2149), France (INFR(2025)2150) and Malta (INFR(2025)2151) for not  providing all IT functionalities necessary to ensure the exchange of information between Member States, in line with the modifications introduced by Directive 2020/285/EU on the special scheme for small enterprises. The directive allows small enterprises to sell goods and services without charging VAT and alleviates their VAT compliance obligations. Moreover, small enterprises established in another Member State than where VAT is due may exempt their supplies from VAT in the same way as domestically established small enterprises can in their respective Member State. IT systems should permit the exchange of information between Member States as from 1 January 2025 in order to allow for the correct operation of the SMEs special scheme at EU level. According to the information available to the Commission, the Belgian, French and Maltese IT systems do not currently provide for all required functionalities. The Commission is therefore sending a letter of formal notice to Belgium, France, and Malta, 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. 

Referral to the Court of Justice 

Commission decides to refer GREECE to the Court of Justice of the European Union for failing to remove the excise duty exemption for tax-free shops at land borders with non-EU countries 
Today, the European Commission decided to refer Greece (INFR(2020)2268) to the Court of Justice of the European Union for failing to comply with Directive 2020/262/EU of 19 December 2019 laying down the general arrangements for excise duty (recast). Greece exempts from excise duty goods supplied by tax-free shops located at its land borders with Albania, North Macedonia, and Türkiye. Under Union law, Member States that had tax-free shops outside an airport or port on 1 July 2008 were allowed to use such an exemption until January 2017. Despite this no longer being allowed under EU rules, Greece continues to use this former exemption. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Greece to the Court of Justice of the European Union. More information is in the press release. 

7. Mobility and Transport

(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Anni Juusola – Tel.: +32 2 296 09 86)

Letters of formal notice

Commission calls on FRANCE and PORTUGAL to report on exchange of information on road traffic offences
The European Commission decided to open two infringement procedures by sending letters of formal notice to France (INFR(2025)2126)and Portugal (INFR(2025)2127)for failing to report on their cross-border exchange of information on road-safety-related traffic offences in line with Directive 2015/413/EU. The Directive allows Member States to identify and prosecute non-resident drivers committing offences, such as speeding and drink-driving on their territory. Member States must send a report to the Commission indicating the number of automated searches on offences committed on their territory by vehicles registered abroad, conducted via an online platform. The report also has to indicate the number of failed searches and include a description of the follow-up given to the offences. This information is crucial for assessing the functioning of the information exchange and the Directive’s impact on road safety. Several reports should have been submitted, the latest one by 6 May 2024. However, both France and Portugal have failed to submit this required information. The Commission is therefore sending letters of formal notice to France 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 send a reasoned opinion.

Commission calls on FRANCE and ROMANIA to correctly transpose EU rules on road infrastructure safety
The European Commission decided to open infringement procedures by sending letters of formal notice to France (INFR(2025)2133) and Romania (INFR(2025)2134), calling them to bring national legislation fully in line with EU law on infrastructure safety. Directive 2008/96/EC on road infrastructure safety management, as amended by Directive (EU) 2019/1936, lays down measures aimed at considering the safety of the vulnerable road users (pedestrians, cyclists and powered two-wheelers) in all road safety procedures, from the initial impact assessment of new road projects to the periodic inspections of the built infrastructure. France has not completely transposed these provisions. In addition, the Directive provides for treatment of the most dangerous infrastructure sections identified during the network-wide road safety assessment, through in-depth inspections and planned remedial measures; it also requires attention to be paid to the readability and detectability of the road signs and road markings by human drivers and automated assistance systems. Romania has still to correctly transpose these provisions. The Commission is therefore sending letters of formal notice to France 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 BELGIUM to notify the network in scope of EU rules on road infrastructure safety
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2025)2147), calling on the authorities to notify the road network covered by EU rules on road infrastructure safety management. Directive 2008/96/EC on road infrastructure safety management, as amended by Directive (EU) 2019/1936, applies to all roads belonging to the TEN-T road network, to all motorways, to primary roads connecting major cities and regions, as well as to all interurban EU funded roads. Member States were required to notify their road network that falls within the scope of the Directive by December 2021, and Belgium has not yet done so. The Commission is therefore sending a letter of formal notice to Belgium, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on SPAIN to bring national legislation fully in line with EU law on air services*

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2025)4019) for failing to bring national legislation fully in line with EU law on air services. Regulation (EC) 1008/2008 provides for airlines’ freedom to set their prices. The CJEU in case C-487/12 stated that hand baggage should in principle be free of charge as long as it meets reasonable requirements in terms of weight and dimensions, and complies with applicable security requirements. Hand baggage which exceeds such reasonable requirements is subject to pricing freedom. Spain’s national Air Navigation Law does not allow airlines to subject the carriage of any hand luggage to an additional charge, restricting airlines’ freedom to set prices and to differentiate between a service that includes the right to an increased cabin baggage allowance, and a service that does not offer that possibility and merely provides the smaller allowance which constitutes a necessary aspect of carriage. Spain has also issued penalty decisions to five airlines for their policy of applying separate charges for the service of carrying supplementary cabin luggage. As these penalty decisions are based on an interpretation of C-487/12, which follows the Spanish Air Navigation Law, the penalty decisions also infringe Regulation (EC) 1008/2008. 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.

Referrals to the Court of Justice

Commission decides to refer ITALY to the Court of Justice of the European Union for not fully transposing EU rules on tolls and user charges for road infrastructure use
Today, the European Commission decided to refer Italy (INFR(2024)0161)to the Court of Justice of the European Union for failing to transpose EU rules on the charging of vehicles for the use of certain infrastructures (Directive (EU) 2022/362, amending the ‘Eurovignette Directive’). Despite the Commission’s letter of formal notice of 23 May 2024 and reasoned opinion of 16 December 2024, the Italian authorities have not notified the Commission of the amending Directive’s full transposition. While Italy has so far notified two transposition measures relating to certain points of the Directive, the Commission considers that the efforts to take necessary measures by the Italian authorities have, to date, been insufficient and is therefore referring Italy to the Court of Justice of the European Union, requesting to impose financial sanctions. More information is in the press release.

Commission decides to refer BULGARIA and PORTUGAL to the Court of Justice of the European Union for not fully transposing EU rules on posting of drivers  
Today, the European Commission decided to refer Bulgaria (INFR(2022)0196)and Portugal (INFR(2022)0251) to the Court of Justice of the European Union for failing to fully transpose into their national legislation the EU rules on the posting of drivers in the road transport sector. Directive (EU) 2020/1057 introduces specific rules for the posting of drivers in the road transport sector, which are essential to ensure social protection for drivers and to improve their working conditions. It also amends Directive 2006/22/EC as regards certain requirements related to the enforcement of social legislation in road transport. Late transposition of the Directive results in challenges for the drivers to receive fair remuneration, to enforce the rules correctly and for the operators to conduct their business within a clear legal framework. The deadline for the EU Member States to transpose Directive (EU) 2020/1057 into their national legislation was 2 February 2022. Bulgaria and Portugal remain only two Member States in breach of the full transposition of the Directive. The Commission considers that the efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria and Portugal to the Court, requesting to impose financial sanctions. More information is in the press release.

8. Financial Stability, Financial Services and Capital Markets Union

(For more information: Olof Gill – Tel.: +32 2 296 59 66; Marta Perez-Cejuela Romero Tel.: +32 2 296 37 70)

Letters of formal notice

Comission calls on BELGIUM, GREECE, SPAIN, NETHERLANDS, AUSTRIA, POLAND, PORTUGAL and ROMANIA to transpose amendments to the Settlement Finality Directive and the 2^nd Payment Services Directive  
The European Commission today decided to open infringement procedures by sending letters of formal notice to Belgium (INFR(2025)2136), Greece(INFR(2025)2139), Spain (INFR(2025)2140), Netherlands (INFR(2025)2142), Austria (INFR(2025)2135), Poland (INFR(2025)2143), Portugal (INFR(2025)2144) and Romania (INFR(2025)2145) for failing to adopt and notify the Commission of measures transposing into national law the amendments to the Settlement Finality Directive (Directive 98/26/EC) and the 2^nd Payment Services Directive (Directive (EU) 2015/2366) which were introduced via the Instant Payments Regulation (Regulation (EU) 2024/886). Those amendments are intended to enable certain types of non-bank payment service providers -such as payment institutions and electronic money institutions- to become participants in payment systems designated under the Settlement Finality Directive. The amendments ensure that these non-bank payment service providers can settle payments in an efficient and competitive manner when providing services such as instant payments to their clients. The Commission is therefore sending letters of formal notice to Belgium, Greece, Spain, Netherlands, Austria, Poland, 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.   

9. Jobs and social rights

(For more information: Eva Hrncirova – Tel.: +32 2 298 84 33; Eirini Zarkadoula – Tel.: +32 460 76 57 13)

Letter of formal notice, additional letter of formal notice and referral to the Court of Justice

Commission calls on ITALY to align its legislation on working conditions for honorary judges with EU law
Today, the Commission has decided to open an infringement procedure against Italy (INFR(2025)2159) by sending a letter of formal notice for failing to align its legislation on honorary judges with EU labour law. The letter of formal notice concerns honorary judges who were already in service on 15 August 2017. Since Italian law sets out different rules for judges depending on whether they were appointed before or after 15 August 2017, the Commission is pursuing two separate infringement procedures. For honororary judges recruited after that date, the Commission has decided, also today, to refer Italy to the Court of Justice of the European Union. For this category, the Commission considers that the Italian legislation still fails to comply with EU rules on fixed-term work, on part-time work, and on working time. The Commission launched this infringement procedure in July 2021 by sending a letter of formal notice to the Italian authorities, followed by an additional letter of formal notice in July 2022, a reasoned opinion in July 2023, and an additional reasoned opinion in October 2024. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Italy to the Court of Justice of the European Union(INFR(2016)4081). More information is in the press release.
Moreover, under Italian law, honorary judges appointed before 15 August 2017 have to give up certain rights guaranteed by EU law if they want to become permanent judges, or if they apply but are not successfully confirmed. These rights include allowances for illness, accidents and pregnancy, fiscal treatment and paid annual leave. The judges who do not get a permanent contract only receive a payment based on years of service. They also have to give up  any claims under EU law previously recognised by the Court of Justice. The Commission considers that these rules breach EU legislation on fixed-term work (Directive 1999/70/EC), part-time work (Directive 1997/81/EC), working time (Directive 2003/88/EC), and the protection of pregnant workers (Directive 89/391/EEC). Italy now has two months to reply and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on AUSTRIA to comply with the enforcement directive on the posting of workers
The European Commission has decided today to issue an additional letter of formal notice to Austria (INFR(2018)2225) for failing to bring national provisions in line with the enforcement directive on the posting of workers (Directive 2014/67/EU). The directive aims to strengthen the application of the rules on posting workers, by addressing issues related to fighting fraud and circumvention of rules, access to information, and administrative cooperation between EU Member States. In particular, it sets out the administrative requirements and control measures that Member States may impose to monitor compliance. It also requires Member States to establish effective, proportionate and dissuasive penalties. The Commission opened infringement procedures in July 2021 by sending letters of formal notice to 24 Member States, including Austria. In January 2023, it followed up with reasoned opinions to 17 Member States, among them Austria. Following further analysis of the national measures, the Commission is now sending an additional letter of formal notice to Austria, which has still not correctly aligned its legislation with some provisions of the Directive. Austria has two months to take the necessary measures, otherwise the Commission may decide to issue a reasoned opinion.

10. Health and Food Safety

(For more information: Eva Hrncirova – Tel.: +32 2 298 84 33; Anna Gray – Tel.: +32 2 298 08 73)

Letter of formal notice

Commission calls on ROMANIA to comply with plant protection product rules to protect animal and environmental health
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2025)2146) for failing to comply with the Plant Protection Products Regulation (‘PPPR’), Regulation (EC) No 1107/2009. Romania has repeatedly granted emergency authorisations for plant protection products containing neonicotinoid substances, contrary to the PPPR. Neonicotinoids are a group of insecticides that can be harmful to pollinators, including bees. In 2018, the Commission adopted, under the PPPR, implementing regulations which expressly prohibited outdoor use for three of them, i.e. imidacloprid, clothianidin and thiamethoxam. Despite repeated warnings from the Commission, Romania granted, in total, 12 temporary emergency authorisations under Article 53(1) of the PPPR, in 2023 and 2024, for the outdoor use of imidacloprid and thiamethoxam for cereal seeds, maize and sunflower seeds. While emergency authorisations are a possibility for Member States under the PPPR if due  to a serious danger which cannot be contained by any other reasonable means, a preliminary ruling of the Court of Justice of the European Union in January 2023 clarified that emergency authorisations of thiamethoxam or imidacloprid for the treatment of seeds to be sown outdoor is excluded in the light of the explicit restrictions set out in the 2018 implementing regulations. The Commission considers that the Romanian emergency authorisations are therefore contrary to the PPPR as interpreted by the Court of Justice. The granting of emergency authorisations can be considered a persistent practice of the Romanian authorities. Furthermore, the Romanian authorities have not indicated any plans to stop granting the authorisations in question for future sowing periods. The Commission is therefore sending a letter of formal notice to Romania, 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.

Trending now: