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 64 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; Anna Gray – Tel.: + 32 2 298 08 73)
Letters of formal notice
Commission calls on GERMANY and ESTONIA to bring their national legislations in line with the Single-Use Plastic Directive
The European Commission decided to open infringement procedures by sending letters of formal notice to Germany (INFR(2025)2107) and Estonia (INFR(2025)2101) for failing to correctly transpose the Single-Use Plastic 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. Germany has not correctly transposed several provisions of the Single-Use Plastic Directive. For example, ‘port reception facilities' are not defined and without this definition, it is unclear how the costs to be borne by the producers can be calculated properly. Moreover, there is a gap in relation to the derogations from the duty to ensure separate collection and the prohibition on mixing wastes. Finally, no provision is made for an awareness-raising campaign in relation to the availability of re-useable alternatives and the impact of littering. In Estonia, the conformity check has revealed that the extended producer responsibility schemes do not fully cover all required single-use plastic products thus limiting the Directive's scope. Furthermore, Estonia does not comprehensively define the roles and responsibilities for reporting systems. The framework in Estonia also appears to lack adequate measures to inform consumers about reusable alternatives, reuse systems, and waste management options. The Commission is therefore sending letters of formal notice to Germany and Estonia, 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 IRELAND, FRANCE and SLOVENIA to correctly transpose the Drinking Water Directive
The European Commission decided to open infringement procedures by sending letters of formal notice to Ireland (INFR(2025)2106), France (INFR(2025)2105) and Slovenia (INFR(2025)2104) 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 protects human health by updating water quality standards, tackling pollutants of concern, such as endocrine disruptors and microplastics, and providing cleaner tap water. Member States were required to transpose the Directive by 12 January 2023. These three Member States have not transposed the directive correctly. As regards France, this concerns the risk assessment of domestic distribution systems, the drinking water quality monitoring and mandatory information to be provided to the public. For Ireland and Slovenia, the transposition issues mainly concern the provisions of the directive on measures (e.g. temporary restriction) to be taken in case of potential danger to human health from drinking water, when it is temporarily not in compliance with the standards of the directive. The Commission is therefore sending a letter of formal notice to Ireland, France and Slovenia, 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 Landfill Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2025)2065 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 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 completion of the landfill reduction target. Poland has not established appropriate rules for calculation of landfilling rates. Moreover, some standards for storage and acceptance of metallic mercury and some of the elements of control and monitoring procedures for landfill operation and after-care phases have not been correctly transposed. These shortcomings will have an adverse impact on the environment and on human health, especially in locations where landfills are present. 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 send a reasoned opinion.
Commission calls on Member States to update their national air pollution control programmes (NAPCP) to reduce the emissions of certain atmospheric pollutants
The Commission decided to open infringement procedures by sending letters of formal notice to Croatia (INFR(2025)2085), Latvia (INFR(2025)2087), Hungary (INFR(2025)2086), Malta (INFR(2025)2088), Portugal (INFR(2025)2089) and Slovakia (INFR(2025)2090) for failing to respect their obligations under Directive 2016/2284 on the reduction of national emissions of certain atmospheric pollutants (the ‘NEC Directive'). The NEC Directive sets national emission reduction commitments for several air pollutants to be attained by each Member State as from 2020 and 2029, and more ambitious ones for 2030 onwards. The NEC Directive requires Member States to update their NAPCP at least every four years. In these programmes, Member States set out how they intend to achieve their emission reduction commitments. Policies and measures contained in the NAPCP must be updated earlier if national emission inventories or projections show non-compliance or a risk of non-compliance. The update of policies and measures is essential for Member States to meet their emission reduction commitments and for the Commission to check Member States' efforts to ensure compliance. To date, these Member States have not submitted to the Commission the required updates. The Commission is therefore sending letters of formal notice to these six Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission calls on BULGARIA to correctly transpose the Waste Framework Directive
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2023)2143) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC) as amended by Directive 2018/851/EUDirective 2018/851/EU by the transposition deadline of 5 July 2020. The Waste Framework Directive aims to prevent or reduce the generation of waste, reducing overall impacts of resource use and improving the efficiency of such use. The amended Directive sets binding targets for preparing for re-use and recycling of certain waste streams, including municipal waste. It also introduces requirements for Member States to improve their waste management systems and the efficiency of resource use. The Commission found that Bulgaria has not correctly transposed several provisions of the amended Directive including elements concerning the general minimum requirements for extended producer responsibility schemes as well as specific requirements on the monitoring and assessment of waste prevention measures and mixing of waste oils. The Commission sent a letter of formal notice to Bulgaria in November 2023. Bulgaria committed to amending the national legislation to ensure full compliance with the Directive but has to date not made the corresponding changes to the legislation. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, 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 CYPRUS to transpose Directive on projected emissions of certain atmospheric pollutants
Today, the European Commission decided to send a reasoned opinion to Cyprus (INFR(2025)0021) for failing to transpose Commission Delegated Directive (EU) 2024/299 amending Directive (EU) 2016/2284 on the methodology for the reporting of projected emissions of certain atmospheric pollutants. Directive (EU) 2016/2284 establishes emission reduction commitments for the Member States for five key air pollutants, i.e. sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3) and fine particulate matter (PM2,5), and requires their reporting to the Commission. The amendment aims to align the reporting of emission projections with international requirements under the United Nations Economic Commission for Europe (UNECE) Convention on Long-Range Transboundary Air Pollution. The Commission sent a letter of formal notice to Cyprus on 30 January 2025. Cyprus acknowledged the breach and replied that it was addressing it, however to date the directive has still not been transposed. Therefore, the Commission has decided to issue a reasoned opinion to Cyprus, 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 take the necessary steps to protect the meadow bird Black-tailed Godwit
Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2024)4014) for failure to comply with the Birds Directive (Directive 2009/147/EC). The Directive requires Member States to maintain bird populations at a level ensuring their favourable status by taking measures such as maintaining and restoring their habitat, including through special protection areas as part of the EU Natura 2000 network. In the Netherlands, many farmland bird species have been in steady decline for decades, including the iconic Black-tailed Godwit whose populations are increasingly vulnerable due to habitat loss and unsustainable agricultural practices. On 24 July 2024, the Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands for failing to comply with their obligations to protect the Black-tailed Godwit. Although the authorities provided an answer listing a series of measures, to date these have not been implemented on a sufficient scale to reverse the continuous decline of the species by adapting agricultural practices to ensure breeding success. Moreover, the designation of new sites where the bird breeds in significant numbers is still not achieved. 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.
Commission calls on PORTUGAL to comply with EU rules for treating urban wastewater
Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2024)2193) for failing to comply with the Urban Waste Water Treatment Directive (Council Directive 91/271/EEC). Untreated wastewater can put human health at risk and pollutes lakes, rivers, soil and coastal and groundwater. The Directive protects both water quality and human health by requiring that Member States collect and treat their urban wastewater for all agglomerations of 2,000 people or more before it is discharged into the environment. Correct implementation of the Urban Wastewater Treatment Directive thus contributes to water resilience across the EU. The Commission sent a letter of formal notice to Portugal in October 2024. Despite some progress in several agglomerations, in the agglomeration of Pereira do Campo, Portugal still fails to ensure that all urban wastewater is subject to secondary treatment or an equivalent treatment before discharge. 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.
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)
Letters of formal notice
Commission calls on IRELAND to ensure compliance with EU rules on the freedom to provide services
The European Commission has decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2025)4018) for breaching Directive 2006/123/EC on services in the internal market in the context of property services. Irish law requires frequent renewals of authorisations (“licences”) for providers of such services established in Ireland. Moreover, the cross-border provision of property services on a temporary basis without establishment in Ireland is only permitted if the Member State of establishment regulates property services in the same manner as Ireland — namely by requiring an authorisation and a client protection scheme. According to the Commission, the frequent renewal of authorisations imposed by Ireland on established service providers is unjustified and disproportionate. The Commission also considers the required authorisation and client protection scheme in the Member State of establishment unjustified and disproportionate. It prevents providers of property services from providing these services in Ireland if they are established in a Member State where no such schemes exist. 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.
Commission calls on POLAND to comply with the Court's judgment and ensure that public procurement directives are correctly transposed
Today, the European Commission decided to send a letter of formal notice to Poland (INFR(2018)2276) under Article 260 of the Treaty of the Functioning of the European Union (TFEU) for failing to comply with the judgment of the Court of Justice of 7 September 2023. In that judgement, the Court found that Poland had breached its obligations under the EU public procurement directives (Directive 2014/24/EU) by introducing exemptions into national law that are not provided for in the directives. EU public procurement legislation requires contracting authorities to tender public contracts above a certain threshold, in full respect of the principles of transparency, equal treatment and non-discrimination. The Court ruling concerned exemptions for production of security documents under Polish public procurement law. The Court established that Poland had added exemptions to the national Polish procurement law which were not in line with EU rules and therefore failed to correctly transpose EU public procurement directives. The Commission is therefore sending a letter of formal notice to Poland under Article 260 TFEU, 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 Poland back to the Court of Justice of the EU with a request to impose financial sanctions.
Additional letter of formal notice
Commission calls on HUNGARY to comply with EU rules when awarding motorway concession contracts
The European Commission has decided to send an additional letter of formal notice to Hungary (INFR(2024)4006) for failing to comply with EU rules on public procurement and concessions when awarding a contract for the construction, operation and maintenance of its motorway network. The EU rules on public procurement (Directive 2014/24/EU) and on concession contracts (Directive 2014/23/EU) aim to guarantee the equal treatment of economic operators and the opening-up of public procurement and concession to competition. In this additional letter of formal notice, the Commission raises several concerns. It considers that Hungary's 35-year contract for the construction, operation and maintenance of the motorway network failed to transfer a sufficient level of operating risk to the concessionaire - a key feature that distinguishes a concession from a public contract. The Commission therefore concluded that the contract may have been misclassified as a concession instead of a public contract, breaching the principle of equal treatment and transparency. Additionally, modifications to the contract appear to violate obligations under EU public procurement rules as well. Even if the contract were considered a concession, the Commission finds that its duration exceeds the period permitted under the Concessions Directive. The Commission is therefore sending an additional 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 calls on BULGARIA to comply with public procurement rules
Today, the European Commission decided to issue a reasoned opinion to Bulgaria (INFR(2024)4027) for non-compliance of the Bulgarian Electronic Government Act with EU Public Procurement rules. Directive 2014/24/EU on public procurement requires that public contracts exceeding a specific threshold must be tendered in accordance with the principles of transparency, equal treatment, and non-discrimination. This ensures fair competition and better value for taxpayers' money. The Commission considers that the Bulgarian act breaches these obligations by assigning the performance of national system integration activities to one company - ‘Information Services AD' – without fulfilling the conditions that would justify such a direct award of contract. On the grounds of the Bulgarian Electronic Government Act, at least 25 contracting authorities in Bulgaria have concluded contracts for services with this company without a procurement procedure. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now has two months to respond and take the necessary measures. Otherwise, the Commission may refer the case to the Court of Justice of the European Union.
Commission urges SPAIN to respect rules on motorway concession contracts
Today, the Commission has decided to issue a reasoned opinion requesting that Spain (INFR(2021)4052) respect EU rules on public procurement, including on concession contracts. Spain extended the duration of motorway concessions AP-9 and AP-66, respectively by 25 and 29 years, and subsequently sold both concessionaires without launching prior tender procedures and publication of a notice at EU level. Under Directive 93/37/EEC (which applied at the time) and the principles of equal treatment and transparency that underlie the EU public procurement rules, such extensions constitute substantial modifications that are equivalent to awarding new concession contracts and therefore require a competitive tender procedure. Therefore, the Commission has decided to issue a reasoned opinion to Spain, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Spain to the Court of Justice of the European Union.
Commission calls on BULGARIA to ensure compliance with the Services Directive
Today, the European Commission has decided to send a reasoned opinion to Bulgaria (INFR(2020)4006) for imposing restrictive rules for advertising for lawyers which violate the Services Directive (Directive 2006/123/EC). 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, when justified and proportionate to their pursued objective. Excessive restrictions on advertising prevent service providers from promoting their services, particularly affecting new entrants to the market. The Commission considers that the legal frameworks and professional codes of conduct for lawyers in Bulgaria effectively prohibit advertising, as lawyers in Bulgaria are only allowed to share limited information, such as on spoken languages. According to the Commission, this results in a ban on lawyer advertising in breach of the Services Directive. The Commission had already raised this issue in the “Reform recommendations for regulation in professional services” of 2021 and Bulgaria was invited to remove all total bans on commercial communications for lawyers. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Bulgaria to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission focuses its action against CZECHIA on one outstanding grievance concerning the failure to correctly transpose EU rules on proportionality of professional regulations
Today, the European Commission decided to refer Czechia (INFR(2021)2201) to the Court of Justice of the European Union for failing to correctly transpose the Proportionality Test Directive (Directive (EU) 2018/958). The directive requires Member States to assess if new or amended rules restricting access to regulated professions are justified, necessary and balanced. The Commission had found that Czech law did not ensure that all relevant measures, especially from professional bodies and parliamentary amendments, underwent prior proportionality assessments, as required by the Directive. Following dialogue between Czech authorities and the Commission services, Czechia adopted a national measure to ensure that draft parliamentary amendments covered by the directive are subject to a proportionality test, leading the Commission to limit the scope of the referral to Court. The Commission will therefore focus its action against Czechia on the failure to ensure that measures from professional bodies undergo a proportionality assessment, as required by the Proportionality Test Directive. For further information, please consult the press release.
Commission refers FRANCE to the Court of Justice of the European Union regarding its labelling requirements for waste sorting
Today, the European Commission decided to refer France (INFR(2022)4028) to the Court of Justice of the European Union over its labelling requirements for waste sorting. Under French law, household products under an extended producer responsibility scheme must display the ‘Triman logo' and ‘infotri' sorting labels. In absence of EU harmonised rules on waste sorting instructions to consumers, national-specific labelling requirements in this field represent an obstacle to the free movement of goods. The French requirements can also be considered disproportionate, as other suitable options - less restrictive of trade between Member States - are available to inform consumers, until EU-level harmonisation is achieved. According to the Commission, France is also in breach of the notification obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535) as the concerned measure was not notified to the Commission prior to adoption. The Commission had initially sent a letter of formal notice in February 2023, followed by a reasoned opinion in November 2024. As the Commission considers that France is still in breach of EU rules, it has decided to bring the case to the Court of Justice of the European Union. For further information, please consult the press release.
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 CROATIA, LUXEMBOURG and POLAND to correctly transpose the provisions of the Firearms Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to Croatia (INFR(2025)2097), Luxembourg (INFR(2025)2098) and Poland (INFR(2025)2099) and 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 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. The Commission is therefore sending letters of formal notice to Croatia, Luxembourg and Poland, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission calls on BULGARIA, GERMANY, GREECE, SPAIN, FRANCE, CYPRUS, LUXEMBOURG, MALTA, the NETHERLANDS, AUSTRIA, POLAND, FINLAND and SWEDEN to fully transpose the provisions of the Critical Entities Resilience Directive
The European Commission decided to send reasoned opinions to Bulgaria (INFR(2024)0258), Germany (INFR(2024)0264), Greece (INFR(2024)0269), Spain (INFR(2024)0271), France (INFR(2024)0275), Cyprus (INFR(2024)0260), Luxembourg (INFR(2024)0283), Malta (INFR(2024)0287), the Netherlands (INFR(2024)0289), Austria (INFR(2024)0255), Poland (INFR(2024)0291), Finland (INFR(2024)0273) and Sweden (INFR(2024)0297), for failing to notify national measures transposing the Directive on the resilience of critical entities (Directive (EU) 2022/2557, CER Directive). Member States had to transpose the CER Directive by 17 October 2024. The Directive replaces and strengthens the rules of the Council Directive (2008/114/EC) on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection. The Directive seeks to ensure the provision of vital services for EU society and economy in key sectors such as energy, transport, health, water, banking and digital infrastructure, by strengthening the resilience of critical entities that provide these vital services against a range of threats, including natural hazards, terrorist attacks, insider threats, and sabotage. The swift transposition of the Directive is essential to reach this important common objective. Therefore, the Commission has decided to send reasoned opinions to Bulgaria, Germany, Greece, Spain, France, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Poland, Finland, and Sweden, 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 sanctions.
4. Justice
(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Yuliya Matsyk - Tel.: +32 2 226 27 16)
Reasoned opinions
Commission calls on BELGIUM to transpose EU rules on the EU Emergency Travel Document
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2025)0003 and INFR(2025)0008) for failing to transpose the Directive establishing a uniform EU Emergency Travel Document (Council Directive (EU) 2019/997) and an accompanying Delegated Directive (Commission Delegated Directive (EU) 2024/1986). The EU Emergency Travel Document Directive provides that Member States issue EU Emergency Travel Documents to EU citizens whose passports have been lost, stolen, or destroyed when being abroad, allowing them to return to their countries of origin or residence. The Delegated Directive introduces a technical change concerning the machine-readable zone of the document following developments in the relevant International Civil Aviation Organization (ICAO) standard. Issuing emergency travel documents is the most common type of consular protection provided when the Member State of the person's nationality does not have consular representation in the third country where they are located. Member States had until 9 December 2024 to transpose both Directives into national law. All Member States are to start issuing the uniform EU Emergency Travel Document on 9 December 2025. The Commission sent letters of formal notice to Belgium on 31 January 2025 for failing to communicate the necessary measures. Since Belgium did not take the necessary measures to ensure the transposition of the two Directives the Commission has decided to issue a reasoned opinions to Belgium. Belgium now has 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.
Commission calls on BULGARIA to correctly transpose EU rules on the right to interpretation and translation in criminal proceedings
Today, the European Commission decided to send a reasoned opinion to Bulgaria (infr(2023)2111) for failing to correctly transpose provisions of the Directive on the right to interpretation and translation in criminal proceedings (Directive (EU) 2010/64). The Directive is one of six EU Directives that create common minimum standards ensuring that the fair trial rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU. It guarantees that suspects and accused persons who do not speak or understand the language of the criminal proceedings are provided with interpretation and with a written translation of essential documents. On 18 October 2023, the Commission sent a letter of formal notice to Bulgaria. After analysing Bulgaria's replies, the Commission concluded that Bulgaria continues to fail to transpose into its national law measures regarding the right to interpretation, the right to a written translation of essential documents and the scope of the Directive. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Bulgaria to the Court of Justice of the European Union.
Referral to the Court of Justice
Commission decides to refer SLOVAKIA to the Court of Justice of the European Union for incorrectly transposing rules on access to a lawyer and to communicate upon arrest
Today, the European Commission decided to refer Slovakia (INFR(/2023/)2008) to the Court of Justice of the European Union for failing to correctly transpose into its national legislation the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). In June 2023, the Commission sent a first letter of formal notice to Slovakia. After analysing the replies, the Commission concluded that Slovakia had failed to correctly transpose the provision on the scope of application of the Directive and certain rules allowing for derogations from the right of access to a lawyer. In November 2023, the Commission decided to send a reasoned opinion to Slovakia and in July 2024 an additional reasoned opinion, following changes made by Slovakia to its legislation. After analysing the reply from Slovakia, the Commission concluded that while further changes to the Slovak legislation addressed the issue concerning derogations from the right of access to a lawyer, concerns as regards the scope of application of the Directive remain. Therefore, the Commission now decided to refer Slovakia to the Court of Justice of the European Union. More information is available in our press release.
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 on BULGARIA, ESTONIA, IRELAND, SPAIN, ITALY, LITHUANIA, AUSTRIA, SLOVAKIA and FINLAND to comply with the Methane Regulation
Today the European Commission decided to send letters of formal notice to Bulgaria (INFR(2025)2115), Estonia (INFR(2025)2114), Ireland (INFR(2025)2112), Spain (INFR(2025)2118), Italy (INFR(2025)2111), Lithuania (INFR(2025)2110), Austria (INFR(2025)2116), Slovakia (INFR(2025)2108) and Finland (INFR(2025)2113), for breaching the Methane Regulation (EU) 2024/1787 by failing to appoint, and notify to the Commission, a competent authority responsible for monitoring and enforcing the application of the rules. The EU Methane Regulation tackles methane emissions in the crude oil, natural gas and coal sectors. It aims to improve measurement and reporting of methane emissions in the EU, to foster their abatement, and to increase transparency in the EU and globally. It also incentivises the EU's international partners to measure, report and reduce their methane emissions. Member States had to notify to the Commission the names and contact details of their competent authorities by 5 February 2025. the Commission notes that the Member States in question have still not fulfilled this obligation. The Commission is therefore sending letters of formal notice to Bulgaria, Estonia, Ireland, Spain, Italy, Lithuania, Austria, Slovakia and Finland, 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 urges IRELAND, LATVIA and PORTUGAL to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today, the European Commission decided to send reasoned opinions to Ireland (INFR(2024)0231), Latvia (INFR(2024)0237) and Portugal (INFR(2024)0245) 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 aim 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 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 Ireland, Latvia and Portugal, the Commission has concluded that the three Member States have not yet fully transposed the provisions related to the simplification and acceleration of permitting procedures. The Commission is therefore sending reasoned opinions to these three 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 with a request to impose financial sanctions.
Referral to the Court of Justice
The Commission decides to refer HUNGARY to the Court of Justice of the European Union for contradicting the Union's position on intra-EU arbitrations under the Energy Charter Treaty
Today, the European Commission decided to refer Hungary (INFR(2024)2206) to the Court of Justice in an infringement case over its unilateral declaration contradicting a ruling of the Court of Justice and the Union's position vis-à-vis the arbitration clause of the Energy Charter Treaty. In the Komstroy judgement, the Court of Justice held that the arbitration clause of the Energy Charter Treaty is not applicable to disputes between a Member State and an investor from another Member State concerning an investment made by the latter in the first Member State. Hungary adopted a unilateral declaration claiming that the Komstroy judgment only applies for future intra-EU investor-State arbitration proceedings and that this effect for the future will only start once the Energy Charter Treaty has been amended. The Commission had sent a letter of formal notice in July 2024 followed by a reasoned opinion in March 2025. The Commission considers that Hungary is in breach of the duty of sincere cooperation enshrined in Article 4(3) of the Treaty of the European Union because it openly expressed a unilateral, different position from that of the EU. By adopting its Declaration, Hungary also violated the general principles of autonomy, primacy, effectiveness, and uniform application of Union law. Hungary has maintained its position and the Commission is therefore referring Hungary 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 FRANCE and CYPRUS to deploy customs electronic systems
The European Commission decided to open infringement procedures by sending letters of formal notice to France (INFR(2025)2060) and Cyprus (INFR(2025)2061) for failing to meet their obligations to deploy the system for Temporary Storage for air transport and the National Import System and - in addition, in the case of France - for falling to deploy the Automated Export System. Member States were meant 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 (UCC) (Regulation No. (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 Automated Export System aims at automation of the completion of the export procedures (including re-export) and exit formalities covering common, national and external domains. The Commission is therefore sending a letter of formal notice to 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.
Commission calls on CZECHIA, IRELAND, ITALY, MALTA, SLOVENIA and SLOVAKIA to comply with EU customs data transmission requirements
The European Commission decided to open infringement procedures by sending letters of formal notice to Czechia (INFR(2025)2054), Ireland (INFR(2025)2055), Italy (INFR(2025)2056), Malta (INFR(2025)2057), Slovenia (INFR(2025)2059), and Slovakia (INFR(2025)2058) for failing to meet their obligations on customs data transmission. Under the Union Customs Code (UCC, Regulation No. 952/2013) and its Implementing Act (UCC-IA, Regulation No. 2015/2447), 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 letters of formal notice to Czechia, Ireland, Italy, Malta, Slovenia and Slovakia, which now have two months to respond and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on CYPRUS to fully transpose the Directive on VAT rates
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Cyprus (INFR(2025)2094) for failing to communicate the full transposition of the Directive on rates of VAT (Directive 2022/542). Member States had to transpose this Directive into national law by 31 December 2024. The Directive on rates of VAT allows for a wider use by Member States of reduced rates, including the use of zero rates for essential products such as food, pharmaceuticals and products intended for medical use. The Commission is therefore sending a letter of formal notice to Cyprus, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on ITALY to end discriminatory income taxation of certain non-resident self-employed persons
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)4013) for failing to align its flat tax regime (regime forfetario) for natural persons engaged in business, arts or professions with the freedom of establishment (Article 49 TFEU and Article 31 EEA Agreement). Whilst this tax regime is applicable to resident taxpayers who meet pre-determined conditions, taxpayers residing in other EU/EEA Member States are excluded from its scope unless at least 75% of their total income derives from Italy. Accordingly, they are generally subject to the personal income tax regime (“IRPEF”), which entails more burdensome compliance obligations and higher tax rates. 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.
Commission calls on ITALY to align its legislation on tax advantages for non-resident pensioners regarding municipal property tax (“IMU”) and garbage tax (“TARI”) with EU law
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)4015) for failing to bring its legislation on IMU/TARI tax advantages for non-resident pensioners in line with the free movement of persons (Article 21 TFEU and Article 28 EEA), the free movement of workers (Article 45 TFEU and Article 28 EEA), and the freedom of establishment (Article 49 TFEU and Article 31 EEA). The Italian legislation prescribes that non-resident pensioners can only benefit from the IMU/TARI tax advantages on the condition that they (i) reside in the foreign country that pays their pension, and (ii) have contributed both to the Italian and to a foreign social security system having an international agreement in place with Italy, which also affects non-resident pensioners that have contributed to social security systems of international organisations. It is thus less attractive for such non-resident pensioners to acquire and/or maintain real estate in Italy solely because they exercise their right to move to another EU/EEA Member State or worked for an international organisation during their professional career. 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.
Reasoned opinions
Commission calls on BELGIUM, BULGARIA, GREECE, SPAIN and ROMANIA to fully transpose the Directive on VAT rates
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2025)0004), Bulgaria (INFR(2025)0010), Greece (INFR(2025)0042), Spain (INFR(2024)0048) and Romania (INFR(2025)0098) for failing to bring their national laws in line with the mandatory provisions of Directive 2022/542 on rates of VAT. The Directive allows for a wider use by Member States of reduced rates, including the use of zero rates for essential products such as food, pharmaceuticals and products intended for medical use. The five Member States mentioned above failed to communicate the full transposition of the Directive, which should have been done by 31 December 2024. Therefore, the European Commission has decided to issue a reasoned opinion to Belgium, Bulgaria, Greece, Spain and Romania who 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 sanctions.
Commission calls on BULGARIA, GREECE, SPAIN, and ROMANIA to fully transpose the new EU VAT rules for the special SMEs scheme
Today, The European Commission decided to send a reasoned opinion to Bulgaria (INFR(2025)0009), Greece (INFR(2025)0041), Spain (INFR(2024)0047), and Romania (INFR(2025)0097) for failing to bring their national laws in line with the modifications introduced by Directive 2020/285 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. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, Greece, Spain, and Romania, which now have two months to reply 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 sanctions.
Commission calls on the NETHERLANDS to bring its rules on taxation of investment funds in line with EU law Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2024)4017) for failing to bring its tax levy reduction scheme (afdrachtvermindering) in line with the free movement of capital guaranteed by Article 63 of the Treaty on the Functioning of the European Union and Article 40 of the Agreement on the European Economic Area. Dutch law provides for a reduction of the dividend tax paid by investment funds on dividends they receive from companies in which they hold shares. That reduction is granted on account of the due dividend tax (and similar foreign taxes). Unlike Dutch investment funds, foreign investment funds cannot offset the dividend tax paid by Dutch companies on dividends they distribute to foreign investment funds and which the latter subsequently redistribute to their own investors Therefore, the Dutch tax levy reduction scheme makes it less attractive for foreign investment funds to provide their services to Dutch investors and to invest in shares of Dutch resident companies. This creates a difference in treatment to the detriment of investment funds of other EU and EEA Member States thereby hindering cross-border investment in the internal market. In their reply to the letter of formal notice of 25 July 2024, the Dutch authorities did not acknowledge the existence of a restriction and considered the measure to be justified by an overriding reason of general interest. They therefore refuse to amend the Dutch legislation. 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.
7. Mobility and Transport
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Anna Wartberger – Tel.: +32 2 298 20 54)
Letters of formal notice
Commission calls on HUNGARY to correctly implement electronic tolling
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2025)2091) for failing to correctly implement the European electronic toll service (EETS) (Directive (EU) 2019/520). Failure to correctly transpose this Directive is an obstacle to interoperability between Member States' electronic road toll systems, and to cross-border enforcement of the obligation to pay road fees in the EU. This means that drivers might be required to have more than one subscription contract, more than a single provider and additional on-board units to drive to or across Hungary. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and to 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 GREECE, CYPRUS and PORTUGAL to connect to the enforcement network ProDriveNet
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR (2024)2030), Cyprus (INFR(2025)2096) and Portugal (INFR(2024)2032) for failing to connect to the enforcement network ProDriveNet as required by Directive (EU) 2022/2561. The ProDriveNet network facilitates the electronic exchange of information between Member States regarding certificates of professional competence for goods and passenger vehicle drivers. Member States' authorities can verify whether such certificates have been issued, if they are still valid or if they have been withdrawn. The network's effective operation is contingent upon the participation of all Member States. However, despite having been established in 2021, three Member States have not yet connected to the network, thereby compromising its intended functionality. The Commission is therefore sending a letter of formal notice to Greece, Cyprus 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.
Reasoned opinions
Commission calls on BELGIUM and LUXEMBOURG to transpose all trans-European transport network streamlining measures
Today, the European Commission decided to send an additional reasoned opinion to Belgium (INFR(2023)0186) and a reasoned opinion to Luxembourg (INFR(2023)0228), for failing to notify all measures for the transposition of Directive (EU) 2021/1187 (the Streamlining Directive) into national law. The Streamlining Directive aims to accelerate the completion of the trans-European transport network (TEN-T) by simplifying and clarifying permit and procurement procedures. Member States had to transpose its provisions by 10 August 2023. The Directive targets high-priority TEN-T core network projects, cross-border initiatives, and European Transport Corridors with budgets exceeding EUR 300 million. To achieve this, the Directive sets out four key requirements for Member States: assigning a designated authority for each project, simplifying permit-granting procedures to take no more than four years, make procedures transparent, and improve cross-border coordination. While the Region of Flanders, the Brussels Capital Region, and the Region of Wallonia have now all submitted transposition measures, the measures adopted are not sufficient to ensure the complete transposition of all provisions of the Directive. Luxembourg failed to notify the Commission of all its measures taken to transpose the Directive into national law. Therefore, the Commission has decided to issue an additional reasoned opinion to Belgium and a reasoned opinion to Luxembourg, 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 with a request to impose financial sanctions.
Referrals to the Court of Justice
Commission decides to refer MALTA to the Court of Justice of the European Union for not correctly applying EU law in relation to port workers
The European Commission decided to refer Malta (INFR(2022)4020) to the Court of Justice of the European Union for failing to fulfil its obligations under the EU treaties in relation to its port workers regime. The Maltese port workers regime includes a quota and an authorisation system for all port workers, with a preferential scheme for family members of current port workers. The Commission has concerns that the legal framework regulating port labour in Malta contains several restrictions to access the profession of port worker. Companies that intend to carry out port activities in Malta are required to hire port workers from a single Port Workers Register. Additionally, if a port worker retires, passes away or is medically boarded out, their replacement must principally be selected from the so-called Prospective Port Workers Register, which is exclusively composed of relatives of the active port workers. Such a regime thus limits the access to the profession of port worker to a very restricted circle of persons, be they Maltese or other EU nationals. The Commission sent a letter of formal notice to Malta in September 2022, followed by a reasoned opinion on 3 October 2024. In its replies, Malta contested the Commission's position. The Commission is of the view that Malta is in violation of these provisions of the Treaty. Therefore, the Commission has decided to refer Malta to the Court of Justice of the European Union. You can find more information in the press release.
Commission decides to refer THE NETHERLANDS to the Court of Justice of the European Union for failing to comply with EU rules on the competitive award of rail public transport contracts
Today, the European Commission decided to refer the Netherlands (INFR(2023)4011) to the Court of Justice for failing to correctly apply Regulation (EC) No 1370/2007 on public passenger transport by road and rail. Competition in the rail market is essential to provide passengers with more attractive and innovative services at lower cost, while keeping public service tasks. The Netherlands awarded the concession contract for rail passenger transport services for 2025 to 2033 directly to the incumbent operator Nederlandse Spoorwegen, while on the basis of Regulation (EC) No 1370/2007, it should have used a competitive award procedure. The Commission has concerns with regard to how the scope of the public service obligations set out in that contract was determined. It considers that the Netherlands has breached Regulation (EC) No 1370/2007 because it did not analyse if and which transport services included in the new concession contract could be provided by market operators under commercial, open access conditions, and without public service obligations and compensation. On 14 July 2023, the Commission sent a letter of forma notice, followed by and additional letter on 13 march 2024, and a reasoned opinion on 12 February 2025. Despite the extensive contacts between the Commission services and the Dutch authorities since 2020, the Netherlands did not adjust this concession contract and its scope in a way that could have addressed the Commission's concerns. The Commission is therefore referring the Netherlands to the Court of Justice of the European Union. You can find more information 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
Commission calls on SPAIN to comply with EU banking regulations and single market's fundamental freedoms
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2025)2121) for failing to comply with the Single Supervisory Mechanism Regulation (Council Regulation (EU) No 1024/2013), with the Capital Requirements Directive (Directive 2013/36/EU), as well as Articles 49 and 63 of the Treaty on the Functioning of the European Union. The Commission considers that certain provisions in the Spanish banking law and in the Spanish competition law, which grant the Spanish government unrestricted powers to intervene in mergers and acquisitions of banks, impinge on the exclusive competences of the European Central Bank and national supervisors under the EU banking Regulations. It also considers that those broad discretionary powers constitute unjustified restrictions to the freedom of establishment and of capital movements. Consolidations in the banking sector benefit the EU economy as a whole and are essential for the achievement of the Banking Union. These mergers also ensure that capital is allocated efficiently across the EU and that citizens and businesses have access to financial products at competitive prices – a key objective of the Savings and Investments Union. 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 CZECHIA to correctly transpose the Directive on Markets in Financial Instruments
The European Commission today decided to open infringement proceeding against the Czechia (INFR(2025)4017) for non-conformity of its national legislation with EU rules on the investment firms' freedom to provide cross-border services within the EU (Directive 2014/65/EU). This Directive guarantees to investment firms authorised in their home Member States -where its head office is located- the freedom to provide investment services across the Union. The Commission has identified that this key provision has been incorrectly transposed into national law. Under Czech legislation, if investment firms wish to pursue their activity in Czechia on a continued basis, they are required to establish a branch on Czech territory. The freedom to provide services is a cornerstone of the single market for investment services, allowing investment firms to provide their services to investors from other EU Member States. The Commission is therefore sending a letter of formal notice to Czechia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on Member States to transpose the amendments to the 4th Anti-Money Laundering Directive and complete the implementation of other measures introduced by the Transfer of Funds Regulation
The European Commission decided to open an infringement procedure by sending letters of formal notice to Belgium (INFR(2025)2076) , Spain (INFR(2025)2079), Poland (INFR(2025)2081) and Portugal (INFR(2025)2082) for failing to transpose the amendments to the 4th Anti-Money Laundering Directive (AMLD) (Directive (EU) 2015/849) introduced by the Transfer of Funds Regulation (Regulation (EU) 2023/1113) and for failing to notify to the Commission the rules on administrative penalties and other measures applicable to infringements of the Regulation. The Transfer of Funds Regulation replaces and broadens the scope of the former Regulation on information accompanying transfers of funds (Regulation (EU) 2015/847) and amends the 4th Anti-Money Laundering Directive in order to introduce new requirements on information accompanying transfers of crypto-assets. The objective is to better prevent money-laundering through the mise-use of crypto-assets. In addition, the Transfer of Funds Regulation requires Member States to ensure that national legal frameworks provide for the necessary rules on administrative sanctions and measures in case of breaches of this regulation. The four Member States have failed to notify transposition of the amendments made to the 4th AMLD and have not completed the implementation of the Regulation on administrative penalties and other measures by the 30 December 2024 deadline. The Commission is therefore sending Belgium, Spain, Poland and Portugal a letter of formal notice, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response from these Member States, the Commission may decide to issue reasoned opinions.
Reasoned opinions
Commission calls on Member States to notify the transposition of the Directive regarding the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR (2025)0027), Spain (INFR (2025)0050), Malta (INFR (2025)0077) and Portugal (INFR (2025)0094) for failing to notify transposition of the Delegated Directive amending Accounting Directive adjusting micro, small, medium-sized and large undertakings or groups size criteria for inflation (Directive (EU) 2023/2775). Member States had to ensure that the measures of this Directive are transposed into national law and to notify the Commission by 24 December 2024. This Directive aims to increase the monetary size-criteria in the Accounting Directive for determining the size category of a company to adjust for the impact of inflation since 2013. This ensures that micro, small and medium-sized enterprises are not being made subject to undue EU financial and sustainability reporting provisions applicable to larger companies and is key to further reducing administrative burden. Therefore, the Commission has decided to issue reasoned opinions to the four Member States concerned, which now have two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Commission calls Member States to complete the transposition of the Directive on certain aspects of the minimum requirement for own funds and eligible liabilities
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2025)0007), Bulgaria (INFR(2025)0015), Germany (INFR(2025)0031), Estonia (INFR(2025)0039), Spain (INFR(2025)0051), Italy (INFR(2025)0061), Austria (INFR(2025)0002), Poland (INFR(2025)0088) and Sweden (INFR(2025)0102) for failing to fully transpose the Daisy Chains II Directive (Directive (EU) 2024/1174). Member States had to transpose it into national law by 13 November 2024. The Daisy Chains II Directive amends the Bank Recovery and Resolution Directive (Directive 2014/59/EU) with the aim of introducing proportionality in the application of the debt buffer to be held by banks and investment firms in order to be able to absorb losses and be recapitalised in resolution (so-called ‘minimum requirements for own funds and eligible liabilities' or ‘MREL'). More specifically, the Daisy Chains II Directive introduces the concept of ‘liquidation entities' and provides that, as a rule, those should not be subject to MREL, unless the resolution authority decides differently on a case-by-case basis. Full implementation of the legislation is key to improve the resolvability of banks and to avoid level playing field issues between different banking group structures. Therefore, the Commission has decided to issue a reasoned opinion to Belgium, Bulgaria, Germany, Estonia, Spain, Italy, Austria, Poland and Sweden, 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 sanctions.
9. Anti-Fraud
(For more information: Balazs Ujvari - Tel.: +32 229-54578; Isabel Otero Banderas – Tel.: +32 229-66925)
Commission calls on IRELAND to notify the Commission of the relevant competent authority for access to bank account information and records of bank transactions
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2025)2071), for failing to comply with its obligation under Union law established by Article 7(3a) of the OLAF Regulation (Regulation (EU, Euratom) No 883/2013). The OLAF Regulation governs the work of the European Anti-Fraud Office (OLAF) to protect the budget of the European Union. In 2020, the OLAF Regulation was amended to introduce specific provisions to clarify the duty of Member States to assist OLAF by transmitting bank account information and records of banking transactions. Information on bank account holders and on money flow is crucial for OLAF to effectively investigate fraud, corruption and any irregularity affecting the European Union's financial interests. Requirements have been in force since January 2021, yet Ireland has not notified the national authority competent to provide OLAF with bank account information and records of bank transactions. Hence, OLAF is unable to address any request for such information needed in the context of its investigations. The Commission is 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.
Details
- Publication date
- 17 July 2025
- Author
- Representation in Malta