Legal actions against Member States failing to comply with EU law

In a memo dated 18 June 2015, the European Commission (EC) published its June package of decisions concerning legal actions against Member States failing to comply properly with their obligations under European Union (EU) law. These decisions include reasoned opinions and referrals to the Court of Justice of the European Union (CJEU) and they aim to ensure proper application of EU law.

Austria : on the  transposition of the Energy Efficiency Directive

The EC sent a reasoned opinion to Germany requesting it to fully transpose Directive 2012/27/EU of 25 October 2012 on energy efficiency (the Energy Efficiency Directive).  Austria has two months to fully transpose the Directive, otherwise the case may be referred to the CJEU.

Belgium : on compliance Directive on ambient air quality and cleaner air for Europe

The EC is referring Belgium to the CJEU over failure to comply with Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air for Europe, due to persistently high levels of PM10 (i.e. particulate matter of a diameter of less than 10 microns).

Bulgaria: on compliance with Directive on ambient air quality and cleaner air for Europe

The EC is referring Bulgaria to the CJEU over failure to comply with Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air for Europe, due to persistently high levels of PM10.

Greece : on the transposition of the Energy Efficiency Directive

The EC is referring Hungary to the CJEU for failing to transpose Directive 2012/27/EU of 25 October 2012 on energy efficiency (the Energy Efficiency Directive). This Directive requires Member States to achieve certain energy savings targets from 1 January 2014 until 31 December 2020. Member States had to transpose the Directive into their national law by 5 June 2014.

Germany : on the transposition of the Energy Efficiency Directive

The EC sent a reasoned opinion to Germany requesting it to fully transpose Directive 2012/27/EU of 25 October 2012 on energy efficiency (the Energy Efficiency Directive).  If Germany fails to comply with this obligation within two months, the EC may decide to refer it to the CJEU.

Hungary : on the Directive  on the landfill of waste

The EC is urging Hungary to ensure that an adequate level of protection is being observed in the management of red mud tailing ponds in Almásfüzítő, as required by Directive 1999/31/EC of 26 April 1999 on the landfill of waste.

Italy : on  the Directive on the landfill of waste

The EC is requesting Italy to ensure that waste disposal and management at old landfills is operating in line with Directive 1999/31/EC of 26 April 1999 on the landfill of waste. Italy has two months to comply with the obligation, otherwise the case may be referred to the CJEU.

Romania : lack of measures to safeguard security of gas supply

The EC is referring Romania to the CJEU for failing to adopt an emergency plan under Regulation (EU) No 994/2010 of 20 October 2010 concerning measures to safeguard security of gas supply. The objective of the Regulation is to ensure that Member States are well prepared to deal with possible supply disruptions. One of the measures Member States have to take to this end is to prepare emergency plans and notify them to the EC.

Spain : on the transposition of the Directive  imposing an obligation to maintain minimum stocks of crude oil and/or petroleum products

The EC is urging Spain to take action to ensure full transposition of Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products. The Directive requires Member States to maintain minimum stocks of crude oil and/or petroleum products equivalent to at least 90 days of average daily net imports or 61 days of average daily inland consumption, whichever of the two quantities is higher. The Directive had to be transposed into the national law by the Member States by 31 December 2012.

Sweden : on the compliance with the Directive on ambient air quality and cleaner air for Europe

The EC is requesting Sweden to fully comply with Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air for Europe, with regard to the maximum daily limit for PM10.

Furthermore, the EC is urging Sweden to bring wolf hunting into line with Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. If Sweden fails to act within 2 months, the cases may be referred to the CJEU.

United Kingdom  : on the  transposition of the Energy Efficiency Directive

The EC sent a reasoned opinion to the United Kingdom requesting it to fully transpose Directive 2012/27/EU of 25 October 2012 on energy efficiency (the Energy Efficiency Directive).  If the United Kingdom fails to comply within two months, the case may be referred to the CJEU.

The EC is urging the United Kingdom to take action to ensure full transposition of Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products.

 Regulatory reminder

As a reminder, in a memo dated 26 March 2015, the European Commission (EC) published its March package of decisions concerning legal actions against Member States failing to comply properly with their obligations under European Union (EU) law. These decisions include reasoned opinions and referrals to the Court of Justice of the European Union (CJEU) and they aim to ensure proper application of EU law.

Red-on-line EHS Legal Specialist

Sources:

European Commission memo, “June infringements package: key decisions”, 18 June 2015, MEMO/15/5162