In its regular package of infringement decisions, the European Commission takes legal action against EU Member States that fail to comply with their obligations under EU law.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 70 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 key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 70 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.
1. Environment
Letters of formal notice
Commission calls on Poland to take the necessary measures and restore the ecosystem of the Oder River
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2026)2009) for failing to fulfil its obligations under the Water Framework Directive (Directive 2000/60/EC), the Industrial Emissions Directive (Directive 2010/75/EU), and the Habitats (Directive 92/43/EEC) and Birds (Directive 2009/147/EC) Directives. Poland’s water bodies, habitats and species, are being deteriorated, as exemplified by the toxic algae bloom in the Oder River of summer 2022 which caused massive fish deaths. The Oder is a key waterway in Central Europe and provides a wide range of ecosystem services – such as fisheries, drinking water, recreation and tourism. Restoring and protecting the water cycle is one of the key objectives of the Water Resilience Strategy. In summer 2022, a toxic algae species called ‘golden algae’ bloomed to an extent that aquatic life, including over 360 tonnes of fish, along a 500-kilometre stretch, was killed. High salinity and high nutrient concentrations are the main reasons for the intense algae bloom. In summer 2024, over 100 tonnes of fish were again found dead in the Oder River basin, as the ‘golden algae’ remains present in the Oder River basin and the salinity of the water remains high. Poland has authorised saline mine water discharges into the river despite their acknowledged negative impact on the water status. The measures taken by Poland have been insufficient to reverse the deterioration and ensure that water bodies achieve good status. Poland also failed to take the necessary measures to ensure restoration of the protected habitats and species present along the river, such as bitterling or spined loach. Finally, Poland adopted a River Basin Management Plan without taking into account the disaster of summer 2022 and its impacts. In doing so, Poland also failed to fulfil the requirements to carry out an appropriate assessment of the plan’s impact on Natura 2000 sites that would be based on up-to-date data. The Commission is therefore sending a letter of formal notice to Poland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on Italy to correctly transpose the Drinking Water Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2026)2038) for failing to correctly transpose the Drinking Water Directive (Directive (EU) 2020/2184). As underlined in the Water Resilience Strategy, full implementation of EU water quality requirements is key to protecting human health and the environment. The recast Drinking Water Directive aims to protect human health by providing cleaner tap water, updating water quality standards, and tackling pollutants of concern, such as endocrine disruptors and microplastics. By 12 January 2023, Member States were required to transpose the Directive into national law and comply with its provisions. There are still several shortcomings in Italy’s transposition of this Directive. These include the limitation of the scope of the risk assessment of domestic distribution systems, the postponement of certain obligations, the lack of the obligation to inform vulnerable people about ways to access drinking water, to limit derogations to only duly justified circumstances and to the shortest period possible, as well as the lack of a guidance value to manage the presence of non-relevant pesticide metabolites in drinking water. 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 Ireland to bring their national legislation in line with the Single Use Plastics Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2026)2037) for failing to correctly transpose the Single-Use Plastics Directive (Directive (EU) 2019/904). The Directive aims to prevent and reduce the impact of certain plastic products on the environment and on human health, as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials. Ireland has correctly transposed many of the core obligations of the Directive into national law. However, the requirement for producers of single-use plastic items to cover the costs of awareness-raising initiatives is not transposed. In addition, the Irish authorities have not transposed the requirement for ensuring that litter clean-up costs from public authorities are covered by producers. The legislation also lacks provisions allowing producers from other Member States to appoint an authorised representative in Ireland, which then deprives non-Irish EU economic operators from the possibility to be represented at national level. Furthermore, the Irish law lacks measures specified for achieving a quantifiable reduction in single-use plastics in 2026 and for ensuring separate collection for recycling certain single-use plastics. Lastly, Ireland has failed to establish deadlines for extended producer responsibility schemes for some single-use plastic products. 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 Ireland to complete its network of marine Natura 2000 sites
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2026)2051) for failing to fulfil its obligations under the Habitats Directive (Directive 92/43/EEC) and Birds Directive (Directive2009/147/EC). Under the Habitats Directive, Member States must propose sites of Community importance (SCIs) to protect the EU’s most threatened habitat types and species, including several marine ones. Under the Birds Directive, the Member States must classify Special Protection Areas (SPAs) to protect certain bird species, including several seabirds. These sites contribute to the EU-wide network of protected nature sites known as Natura 2000 and to reaching the target of the EU Biodiversity Strategy for 2030 of legally protecting at least 30% of the EU seas. For sites in the marine environment, the Commission had agreed with the Member States that they would have until 2012 to put this network in place. To follow up on this obligation, the Commission opened a series of investigations in 2015 to assess the progress made in several Member States, including Ireland. While Ireland has undertaken significant monitoring of its marine waters, the Irish authorities have not yet formally proposed new marine SCIs and have not yet classified marine SPAs in coastal and offshore areas. More specifically, additional SCIs for reefs, sandbanks, bottlenose dolphin and harbour porpoise need to be established. Ireland should also establish sufficient SPAs for eight bird species listed in Annex I of the Birds Directive and eleven migratory bird species which are regularly present in Ireland. The failure to propose such sites, so many years after the deadline has passed, obstructs the rapid roll-out of renewable energy projects as it creates legal uncertainty for authorities and developers. Ireland has ambitious offshore renewable energy plans, which the Commission fully supports. To advance on this objective, the authorities and developers need to have clarity on where the most environmentally sensitive areas are. 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.
Referral to the Court of Justice
Commission decides to refer Spain to the Court of Justice of the European Union for failing to comply with the Urban Wastewater Directive
Today, the European Commission decided to refer Spain (INFR(2017)2100) to the Court of Justice of the European Union for failing to fully comply with the collection, treatment and monitoring obligations set in 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 waters 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. Member States should also ensure that discharges from urban wastewater treatment plants remain compliant over time with the Directive’s requirements. 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 Spain in October 2017 and a reasoned opinion in November 2019. The Commission considers that efforts made by the Spanish authorities have, to date, been insufficient and is therefore referring Spain to the Court of Justice of the European Union. More information is in the press release.
2. Internal Market, Industry, Entrepreneurship and SMEs
Letters of formal notice
Commission calls on Hungary and Slovakia to cease discriminatory treatment of EU citizens when fuelling vehicles
The European Commission decided to open infringement procedures by sending letters of formal notice to Hungary (INFR(2026)4008) and Slovakia (INFR(2026)4009) for discriminatory fuel prices for drivers of cars registered abroad. In Slovakia, the price of diesel for drivers of cars registered outside Slovakia is regulated and fixed on a weekly manner following the evolution of prices in neighbouring countries, while drivers of cars registered in Slovakia can enjoy a lower market price. The measure was originally adopted for 30 days only but has been further prolonged on 17 April 2026. In Hungary, protected fixed prices have been introduced for drivers of vehicles with Hungarian licence plates, while drivers of vehicles registered abroad must pay higher market prices. These measures infringe several provisions of primary and secondary EU law related to Single Market, namely the free movement of goods (Treaty on the Functioning of the EU (TFEU)), the free movement of services (TFEU or Directive 2006/123/EC), the free movement of workers and their equal treatment (TFEU and Regulation No 492/2011), the free movement of road transport services (Regulation (EC) No 1072/2009 and Regulation (EC) No 1073/2009) and freedom of establishment (TFEU or Directive 2006/123/EC). In addition, the measures concerned have not been notified prior to their adoption, in breach of Article 5(1) of Directive (EU) 2015/1535 (Single Market Transparency Directive). In addition, Hungary introduced a prior authorisation scheme for the export of crude oil and fuel products, in violation of Article 35 TFEU. The Commission is therefore sending letters of formal notice to Hungary and Slovakia, which now have two months to respond to the letters 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 France to comply with EU rules on free movement of goods such as biomethane
The European Commission decided today to launch an infringement procedure by sending a letter of formal notice to France (INFR(2026)4002) for the lack of compatibility of a national certificate scheme for biomethane production with the free movement of goods within the Internal Market (Articles 34-36 TFEU). Biomethane is a renewable gas made from organic waste that can be injected into natural gas networks. Under the French scheme, suppliers must either produce biomethane themselves or buy certificates from producers located in mainland France. Biomethane produced in other EU Member States, even if it has been certified as sustainable, it is not recognised for traceability in this system. While the Commission supports environmental goals like reducing emissions, prioritising domestic biomethane over imports is disproportionate when less restrictive options exist. For instance, counting biomethane where it is consumed rather than produced would support renewable targets while respecting internal market rules. The Commission also promotes integrating biomethane across the EU gas market through cooperation between Member States, as outlined in the REPowerEU Action Plan. France is also in breach of the Single Market Transparency Directive (Directive (EU) 2015/1535) since the scheme and the respective national implementing measures were not notified to the Commission at a draft stage, prior to their adoption. France now has two months to address the concerns 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 comply with Court ruling on late payments
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2026)2049) for failing to align its retail sector legislation with the interpretation provided by the Court of Justice in Case C-677/22. Under Spanish law, payment terms for consumer goods can be systematically extended beyond 60 days, sometimes exceeding 120 days, a practice that appears inconsistent with the Court’s ruling. Timely payments are crucial for European businesses to grow and invest in the Single Market. 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.
Reasoned opinion
Commission asks Belgium to ensure businesses are paid in a timely fashion
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2025)2130) regarding systemic payment delays by Brussels Capital Region municipalities to their suppliers, as well as the failure of Flemish municipalities and the Brussels Capital Region to pay the EUR 40 flat-fee compensation for overdue payment of invoices. The Commission is trying to bring more fairness between the parties when negotiating payment terms and facilitating access to liquidity, in line with the obligations laid down by the Late Payments Directive. Late payments negatively impact businesses, particularly SMEs, by reducing liquidity, hindering growth, and weakening resilience. The Commission has, therefore, decided to issue a reasoned opinion to Belgium, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Belgium to the Court of Justice of the European Union.
3. Migration and Home Affairs
Letters of formal notice
Commission calls on Germany, France and Austria to correctly transpose the provisions of the Directive on combating money laundering by criminal law
The European Commission decided to open infringement proceedings by sending a letter of formal notice to Germany (INFR(2026)2043), France (INFR(2026)2042) and Austria (INFR(2026)2040) for failing to correctly transpose provisions of the Directive on combating money laundering by criminal law (Directive (EU) 2018/1673), including definitions and rules on the liability of legal persons. The Directive defines criminal offences and sanctions against natural and legal persons in relation to money laundering, with the aim of facilitating police and judicial cooperation between EU Member States and preventing criminals from taking advantage of more lenient legal systems. In view of the incorrect transposition of the Directive including on definitions and rules on the liability of legal persons, the Commission is sending a letter of formal notice to Austria, Germany and France. These Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on Hungary to align its national legislation with the EU Facilitators Package
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2026)2039) for failing to fulfil its obligations under Council Directive 2002/90/EC to impose effective, proportionate and dissuasive sanctions for the offence of facilitating unauthorised entry, transit and residence into the EU (i.e. migrant smuggling), and under Council Framework Decision (2002/946/JHA) which sets rules on criminal penalties regarding these offences. Moreover, the Hungarian legislation is incompatible with the very objectives of the Area of Freedom, Security and Justice to ensure a high level of security in the Union. It also undermines the common policy on immigration and border control and represents a serious violation of the principle of sincere cooperation. On 31 July 2025, the Commission referred Hungary to the Court of Justice in relation to the 2023 Government Decree which resulted in the release from prison of convicted smugglers and their expulsion to other Member States or third countries. This procedure is still pending. The 2023 Government Decree was repealed by a law of 19 June 2025. The same law introduced modifications to the criminal procedural code allowing for a conditional suspension of proceedings against individuals suspected of having committed human smuggling offences. The suspension of proceedings applies to non-Hungarian nationals who can be expelled under Hungarian law, admit guilt, disclose the circumstances of the offence and leave the territory of Hungary in 72 hours. The relevant provisions create a risk of systematic impunity and render ineffective the criminalisation provisions foreseen in the EU legislation. By not effectively prosecuting suspects of migrant smuggling, the 2025 Law systematically compromises not only the public interest in ensuring a high level of security within the area of freedom, security and justice, but also an effective immigration and border control policy. The Commission is therefore sending a letter of formal notice to Hungary, which now has exceptionally one month 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 decided to refer Bulgaria, Spain, France, Luxembourg, the Netherlands, Poland, and Sweden to the Court of Justice of the European Union for failing to transpose the Directive on critical entities resilience (CER)
The European Commission decided to refer Bulgaria (INFR(2024)0258), Spain (INFR(2024)0271) France (INFR(2024)0275), Luxembourg (INFR(2024)0283), the Netherlands (INFR(2024)0289), Poland (INFR(2024)0291), and Sweden (INFR(2024)0297) to the Court of Justice of the European Union for failing to transpose and notify national measures transposing the Directive on the resilience of critical entities (Directive (EU) 2022/2557 – CER Directive). Member States had to transpose into their national legal order the CER Directive by 17 October 2024. The CER Directive ensures the continued provision of services that are of vital importance for EU society and economy in key sectors such as energy, transport, health, water, banking and digital infrastructure. It requires Member States to conduct regular risk assessments to identify critical entities and ensure these entities implement appropriate measures to protect the uninterrupted provision of essential services. The directive takes an all-hazards approach, covering natural and man-made risks such as terrorist attacks, cyber threats, criminal infiltration and sabotage. To date, none of the Member States concerned have transposed any measures of the Directive into national legislation. Therefore, the Commission is referring them to the Court of Justice of the European Union, requesting the Court to impose financial sanctions on each of these Member States. More information is in the press release.
4. Justice
Letters of formal notice
Commission calls on Poland 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 Poland (INFR(2026)2050) for failing to correctly transpose the rules on price reductions provided in the Modernisation Directive (Directive (EU) 2019/2161).This Directive amended four Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive (Directive 2011/83/EU), the Unfair Contract Terms Directive (Council Directive 93/13/EEC), and the Price Indication Directive (Directive 98/6/EC). It aims to ensure a high level of consumer protection while harmonising national rules for the benefit of the internal market. The Commission considers that Polish national provisions transposing the amendments of the Price Indication Directive go beyond its scope, as those national provisions apply not only to movable goods, as required by the Price Indication Directive, but also to services. Poland 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 Poland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on Greece and Croatia to correctly transpose EU rules on legal aid
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2026)2052) and Croatia (INFR(2026)2053) for failing to correctly transpose EU rules on legal aid for suspects and accused persons (Directive (EU) 2016/1919). EU law ensures that the basic rights of suspects and accused persons are protected, including for persons requested under a European arrest warrant. Under the Directive, decisions on legal aid must be made without undue delay by a competent and independent authority, such as a court of justice. However, in Croatia, decisions before the indictment are made by the public prosecutor, who does not meet the requirement of independence under EU law. Croatian law also fails to clearly guarantee legal aid in certain circumstances when a person is brought before justice to decide on pre-trial detention. In certain situations, Greece only grants legal aid upon request, which is contrary to the Directive. Additionally, when evaluating eligibility to legal aid, the Greek legal system fails to consider the complexity of the case or the severity of sanctions at stake, as required by EU law. Decisions on legal aid are also often delayed and lack clarity on timing. The police and prosecutors are involved in such decisions in urgent cases. This does not meet the requirement of independence under EU law. Furthermore, individuals are not always informed in writing when their request for legal aid is denied, falling short of the required standards by the Directive. The Commission is therefore sending a letter of formal notice to Greece and Croatia, 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, Bulgaria, Czechia, Cyprus, Latvia, Hungary, Austria, Poland and Portugal to fully transpose EU rules on gender balance in company boards
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2025)0005), Bulgaria (INFR(2025)0011), Czechia (INFR(2025)0025), Cyprus (INFR(2025)0018), Latvia (INFR(2025)0073), Hungary (INFR(2025)0057), Austria (INFR(2025)0001), Poland (INFR(2025)0085) and Portugal (INFR(2025)0092) for failing to communicate the national measures transposing Directive (EU) 2022/2381 on gender balance in company boards. The Directive sets a target for large EU listed companies of 40% of the under-represented sex among their non-executive directors and 33% among all directors. The deadline for the transposition by Member States was 28 December 2024. In January 2025, the Commission decided to open infringement procedures by sending letter of formal notice to several Member States for failing to communicate the respective measures on the transposition of the Directive. To date, Belgium, Bulgaria, Czechia, Cyprus, Latvia, Hungary, Austria, Poland and Portugal have still not communicated full transposition measures, despite having been granted sufficient time to adopt and notify the required measures. Therefore, the Commission has decided to issue a reasoned opinion to the nine 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, with requests to impose financial sanction.
Commission calls on Spain to protect the collective interest of consumers through EU representative actions
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2023)0015) for failing to fully incorporate into national law the Representative Actions Directive (EU) 2020/1828. Adopted in 2020, the Directive aims to ensure that all consumers across the EU fully benefit from their rights under EU law. It empowers qualified entities, such as consumer organisations to seek redress. Redress can include measures such as compensation, replacement or repair for a group of consumers who have been harmed by an illegal commercial practice. Member States had until 25 December 2022 to incorporate the Directive into national law. In January 2023, the Commission issued a letter of formal notice to several Member States, including Spain, for failing to notify complete transposition measures. Since then, Spain has only notified partial transposition of the Directive. Although Spanish law already provides, to some extent, the mechanism of representative actions, it misses essential elements of the Directive, such as, for example, on the possibility for qualified entities to bring cross-border representative actions. 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 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 Czechia and Hungary to the Court of Justice of the European Union for incorrectly transposing rules on the European Arrest Warrant
Today, the European Commission decided to refer Czechia (INFR(2020)2312) and Hungary (INFR(2021)2071) to the Court of Justice of the European Union for failing to comply with the Framework Decisionon the EuropeanArrestWarrant(2002/584/JHA). The Commission sent a first letter of formal notice in December 2020 to Czechia and in June 2021 to Hungary for non-communication and incorrect transposition of the Framework Decision. The Commission maintains that Czech law does not ensure that the requested person is either temporarily transferred to the issuing Member State or heard in the executing Member State, pending the decision on surrender. Furthermore, it does not ensure that the duration of a temporary transfer is determined by mutual agreement between the issuing judicial authority and the executing judicial authority. The Commission maintains that Hungarian law incorrectly transposes the provisions on grounds for refusal, by obliging judicial authorities to refuse European Arrest Warrant requests for certain offences that are not criminalised in Hungary. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Czechia and Hungary to the Court of Justice of the European Union. More information is in the press release.
5. Energy and climate
Reasoned opinions
Commission urges Croatia, Poland and Portugal to transpose EU rules improving the Union’s electricity market design
Today, the European Commission decided to send reasoned opinions to Croatia (INFR(2025)0143), Poland (INFR(2025)0162) and Portugal (INFR(2025)0166) for not having transposed into national law the new EU electricity market design rules, set out in Directive (EU) 2024/1711 and amending Directives (EU) 2018/2001 and (EU) 2019/944. The new rules aim to make electricity prices for consumers more stable and less dependent on the price of fossil fuels. Implementing the legislation is key to ensuring that European consumers – both households and businesses – face energy costs that better reflect the lower production costs of renewables and that prices are more predictable. The reformed electricity market design also allows for better consumer protection, both in terms of wider choice when signing contracts and in the event of disconnection. Member States had to notify the transposition of the 2024 Directive by 17 January 2025, except for provisions on free choice of supplier and energy sharing, for which they have until 17 July 2026. In March 2025, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national legislation. After having examined the replies from Member States, the Commission has decided to issue reasoned opinions to Croatia, Poland and Portugal for failing to notify transposition measures. The three Member States concerned 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 requests to impose financial sanctions.
Commission urges Hungary to comply with rules on intra-EU investor-State arbitration
The European Commission decided to send a reasoned opinion to Hungary (INFR(2025)2204) for failing to prevent violations of the prohibition on intra-EU investor-State arbitration, as established by the case-law of the Court of Justice of the European Union. In its judgment in Case C-741/19, (“the Komstroy judgment”) , the Court of Justice held that Articles 267 and 344 TFEU prevent an international agreement, such as Article 26 of the Energy Charter Treaty, from allowing an investor from one Member State to bring a dispute concerning investments in another Member State before an arbitral tribunal whose jurisdiction that Member State has agreed to accept. The violations subject to the reasoned opinion result from the actions of the Hungarian State-controlled company MOL, and companies controlled by it, that breach the prohibition of intra-EU investor State arbitration. First, MOL requested a third-country court to recognise and enforce an intra-EU investor-State arbitral award issued in its favour on the basis of Article 26 of the Energy Charter Treaty. Second, a company controlled by MOL initiated a new intra-EU investor-state arbitration procedure against another EU Member State on the basis of Article 26 of the Energy Charter Treaty. The Commission maintains that according to settled case-law of the Court of Justice of the European Union, Court of Justice judgments apply retroactively and the liability of a Member State under Article 258 TFEU can be extended to: (I) acts of private law entities under its supervision or effective control or function ;(II) the bodies to which it assigns a task in the public interest or specific privileges; and (III) any entity whose action reflects or implements the policy of the State. The Commission is therefore sending a reasoned opinion to Hungary, which now has two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to refer the case before the Court of Justice of European Union.
Referrals to the Court of Justice
Commission decides to refer Greece, Malta and Portugal to the Court of Justice of the European Union to ensure transposition of the reinforced rules to promote renewable energy
Today, the European Commission decided to refer Greece (INFR(2025)0214), Malta (INFR(2025)0233) and Portugal (INFR(2025)0241) to the Court of Justice of the European Union for failing to fully transpose into national law the provisions of the amending Directive (EU) 2023/2413 on the promotion of energy from renewable sources. The new rules aim to accelerate the deployment of renewable energy and the roll-out of homegrown clean energy across the EU in order to reduce greenhouse gas emissions, strengthen energy independence and lower energy prices. It seeks to deploy renewable energy in all sectors of the economy, not only in the power sector, but also and especially in those sectors where progress is more difficult like heating and cooling, buildings, transport and industry, where new or strengthened targets have been set. They introduce horizontal and cross-cutting measures to promote the deployment of renewables, such as the strengthening of guarantees of origin, facilitating energy system integration through the promotion of electrification and renewable hydrogen, and safeguards to ensure a more sustainable bioenergy production. The promotion of renewable energy is crucial for Europe’s competitiveness and path to climate neutrality and a key element of the Affordable Energy Action Plan as well as the REPowerEU plan. The Directive was adopted in 2023. Member States had to notify the transposition of the Directive by 21 May 2025, except for some provisions related to permitting, which were already due by 1 July 2024. The Commission sent Greece, Malta and Portugal a letter of formal notice in July 2025 and a reasoned opinion in December 2025 for not having transposed the Directive. Greece and Portugal have not yet notified any transposition measures. Malta has not provided sufficiently clear and precise information on how the directive has been transposed. The Commission is therefore referring Greece, Malta and Portugal to the Court of Justice of the European Union, with requests to impose financial sanctions. More information is in the press release.
6. Taxation
Reasoned opinion
Commission calls on Spain to put an end to discriminatory taxation of non-resident taxpayers working and habitually living in Spain
Today, the European Commission has decided to send a reasoned opinion to Spain (INFR(2025)4007) for violating the free movement of capital (Article 63 TFEU) when taxing non-resident taxpayers on their dwellings used as habitual residence. In general, Spain taxes deemed income from real estate owned by individuals at 2% of their cadastral value. However, properties used as dwellings constituting the habitual abode of resident taxpayers in Spain are exempt from taxation. This tax exemption does not cover non-resident taxpayers. 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 the case to the Court of Justice of the European Union.
Referral to the Court of Justice
Commission decides to refer Hungary to the Court of Justice of the European Union for failing to abolish its retail tax regime
Today, the European Commission decided to refer Hungary (INFR(2024)4022) to the Court of Justice of the European Union for failing to bring its retail tax regime in line with the freedom of establishment guaranteed by Articles 49 and 54 of the Treaty on the Functioning of the European Union. Due to the current design of the retail tax regime, foreign controlled retail companies operating in Hungary as integrated companies or linked undertakings, are subject to high and steeply progressive tax rates on their turnover. However, domestic retailers operating on the Hungarian market under their respective brands and logos via franchise systems are not subject to the same highest rates because their turnover is not consolidated for taxation purposes. Notably, the tax regime prevents the foreign controlled retail companies from restructuring their business operations like those domestic retail companies. Therefore, the retail tax regime constitutes a restriction to the freedom of establishment. The Commission sent a letter of formal notice to Hungary in October 2024, followed by a reasoned opinion in June 2025. Since Hungary denies the infringement, the Commission is referring it to the Court of Justice of the European Union. More information is in the press release.
7. Mobility and Transport
Letters of formal notice
Commission calls on Belgium, France and Portugal to carry out the network-wide road safety assessment as required by EU rules
The European Commission decided to open infringement procedures by sending letters of formal notice to Belgium(INFR(2026)2047), France(INFR(2026)2048), and Portugal(INFR(2026)2045) for failing to carry out the network-wide road safety assessment and report the results to the Commission. Directiveon road infrastructure safety management (Directive 2008/96/EC), as amended byDirective (EU) 2019/1936, applies to all roads belonging to the TEN-T road network. It also covers all motorways, primary roads connecting major cities and regions, as well as all interurban EU-funded roads. Member States had to carry out the network-wide road safety assessment by 2024 and report to the Commission by 31 October 2025 on the safety classification of their road network. France and Portugal have not sent the reports for their networks as required by the Directive, while Belgium sent only partial results. The Commission is therefore sending letters of formal notice to Belgium, France, and Portugal, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.
8. Financial Stability, Financial Services and Capital Markets Union
Reasoned opinions
Commission calls on Spain and Poland 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
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2025)2079) and Poland (INFR(2025)2081) 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 (TFR) lays down rules on the information on payers and payees accompanying transfers of funds in any currency, and on originators and beneficiaries accompanying transfers of crypto-assets, for the purposes of preventing, detecting and investigating money laundering and terrorist financing. It 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. In addition, the TFR requires that Member States adapt their national legal frameworks. These provisions were already contained in the previous version of the TFR (Regulation (EU) 2015/847) but require additional measures from Member States to ensure they also apply administrative sanctions and measures, in particular for the breaches related to crypto-assets services providers. The two 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 TFR is a key European legislative act designed to combat money laundering and terrorist financing by ensuring the traceability of financial transfers. Failing to implement it has legal, financial, and operational risks for institutions and individuals and, especially, for all Crypto-Asset Service Providers operating in the EU. Therefore, the Commission has decided to issue reasoned opinions to the two 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 on Spain, the Netherlands, Portugal and Sweden to fully transpose the European Single Access Point (ESAP) Omnibus Directive to ensure investors’ access to corporate public information
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2025)0269), the Netherlands (INFR(2025)0281), Portugal (INFR(2025)0285) and Sweden (INFR(2025)0288) for failing to fully transpose the European Single Access Point (ESAP) Omnibus Directive (Directive EU 2023/2864) in relation to the changes introduced in the Transparency Directive (Directive 2004/109/EC) following a letter of formal notice sent in July 2025. The ESAP Omnibus Directive is part of the ESAP legislative package that facilitates the creation of a centralised mechanism offering easily accessible, comparable and usable public information to investors and other stakeholders. Easy and structured access to information by market participants will contribute to the integration of EU capital markets, in line with the Savings and Investments Union objectives. This will facilitate the financing of EU companies, thus driving growth and job creation in the EU. The legislative package foresees three phases of ESAP development. The first phase will begin in July 2026, when disclosures required under the Transparency Directive, the Prospectus Regulation and the Short Selling Regulation will be submitted to national competent authorities so they can be made available on ESAP. For that first step, Member States had to transpose the changes introduced in the Transparency Directive by 10 July 2025, as indicated in the letter of formal notice sent in July 2025. Therefore, the Commission has decided to issue reasoned opinions to the four remaining Member States who had not transposed the changes, 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 requests to impose financial sanctions.
9. Digital economy
Additional letter of formal notice
Commission asks Croatia to comply with the Digital Services Act and empower the national authority to enforce it
The European Commission decided to send an additional letter of formal notice to Croatia (INFR(2024)2166) for not complying with the Digital Services Act (DSA). The Commission already raised its concerns in a letter of formal notice sent to Croatia in July 2024. The Commission is of the view that Croatia fails to comply with Regulation (EU) 2022/2065. Under the DSA, Member States must designate Digital Services Coordinators, national authorities responsible for enforcing the Regulation within their jurisdiction. An operational Digital Services Coordinator is required to give full effect to the provisions of the DSA in the territory of their Member State, to enable users to benefit from its rules and to create legal certainty for market players. Following the first letter of formal notice, Croatia adopted legislation implementing the DSA on 18 April 2025. However, the Commission considers that Croatia is still failing to empower its Digital Services Coordinator and wrongfully implemented the powers to sanction foreseen by the DSA. In particular, the Croatian law does not always respect the maximum limits of 6% for fines and 5% of average daily worldwide turnover or income for periodic penalty payments for online platforms, nor does it ensure that all penalties are effective, proportionate, and dissuasive. Additionally, it does not allow fines to be imposed on individuals for providing incorrect or incomplete information or for failing to cooperate with inspections, as required by the Regulation. Croatia 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.
10. Jobs and social rights
Letter of formal notice
Commission urges Portugal to remove discriminatory employment conditions in the public sector
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2026)4001) for failing to bring their national legislation fully in line with the Directive on fixed-term work (Council Directive 1999/70/EC), which prohibits discrimination against fixed-term workers. Portuguese law excludes fixed-term employees in the public sector from improving their position in the salary scale contrary to permanent workers who perform the same work and go through the same evaluations. According to the Commission, this represents discrimination contrary to EU law. 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.
Reasoned opinions
Commission urges Spain to remove discriminatory employment conditions in the public sector
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2014)4224) for failing to bring their national legislation fully in line with the Directive on fixed-term work (Council Directive 1999/70/EC), which prohibits discrimination against fixed-term workers. Spanish law contains less favourable employment conditions for fixed-term employees working in the Spanish public sector compared to permanent employees. According to the Commission, this constitutes discrimination contrary to EU law, and it therefore opened this infringement proceeding in 2014. While Spain resolved and clarified some of the issues set out in the latest letter of formal notice sent by the Commission in July 2024, in other cases the explanations provided remain unsatisfactory. 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 the case to the Court of Justice of the European Union.
Commission urges Spain to prevent abusive use of fixed-term work relationships and avoid discriminatory employment conditions in the public sector
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2014)4334) for failing to sufficiently protect public sector workers against the abusive use of successive fixed-term contracts. This is contrary to EU rules (Council Directive 1999/70/EC), which require that Member States introduce, in their national law, measures to prevent and, if required, penalise abuse through successive fixed-term employment contracts. Spanish law does not include such measures for certain types of fixed-term work relationships in the public sector. Although Spain has changed its national rules after the opening of the infringement procedure in 2015 and the latest letter of formal notice sent by the Commission in October 2024, the explanations provided remain unsatisfactory. 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 the case to the Court of Justice of the European Union.
Additional reasoned opinion
Commission asks Belgium to comply with EU rules on professional qualifications
The European Commission decided to send an additional reasoned opinion to Belgium (INFR(2018)2162) for not having properly incorporated the Professional Qualifications Directive (2005/36/EC) into national law. The Directive facilitates professional mobility and recognition of qualifications across the borders. These EU rules play an essential part in addressing the shortage of skilled labour across the EU. According to the Commission, Belgium imposes excessive language requirements for teaching professionals seeking to work in the French Community, which severely limits the possibility of foreign teachers to work in Belgium. Belgium now has two months to respond to the arguments raised by the Commission. Otherwise, the Commission may refer Belgium to the Court of Justice of the European Union.
11. Competition
Reasoned opinion
Commission calls on Belgium to comply with its obligations under EU law as regards the recognition of State-investor arbitration awards
The European Commission decided to send a reasoned opinion to Belgium (INFR(2025)2199) for failing to comply with its obligations under EU law as regards the recognition of intra-EU and extra-EU State-investor arbitration awards. The arbitration awards in question oblige Spain to pay compensation to investors because of a modification of its renewable energy scheme. Spain notified the arbitration awards in question to the Commission for the necessary review according to EU State aid rules. Belgium recognised the arbitral awards with a view to their enforcement in Belgium, before the Commission assessment. This way, Belgium created an imminent risk for Spain to be forced to pay the compensation in breach of the standstill obligation of Article 108(3) TFEU and Commission Decision SA.40348 on the renewable energy scheme. The requests for recognition constitute an attempt to circumvent the State aid rules that Belgium should have opposed under the principle of sincere cooperation, as laid down in Article 4(3) of the TEU, read in conjunction with Article 108(3) of the TFEU, Decision SA.40348 and the case law of the Court of Justice on investment arbitration. The Commission sent a letter of formal notice to Belgium in December 2025. In its reply to the letter of formal notice, Belgium provided several explanations that are not sufficient to revert the Commission assessment. The Commission is therefore sending a reasoned opinion to Belgium, which now has two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to refer the case before the Court of Justice of European Union.
Source: European Commission
