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Commission decides to refer SWEDEN to the Court of Justice of the European Union in order to ensure accelerated permitting procedures for renewable energy installations
The Commission is taking legal steps to accelerate the development of renewable energy across the EU, in order to reduce greenhouse gas emissions, strengthen energy independence and lower energy prices. It decided to refer Sweden to the Court of Justice of the European Union with a request to impose financial sanctions in accordance with Article 260(3) TFEU for failing to transpose into national legislation the EU's recent rules to accelerate permitting procedures for renewable energy installations, which were introduced by Directive (EU) 2023/2413 amending Directive (EU) 2018/2001 on the promotion of energy from renewable sources.
Sweden was required to transpose by 1 July 2024 a first set of provisions of the Directive, simplifying and shortening the permitting procedures for renewable energy projects. The Commission sent Sweden a letter of formal notice in September 2024 and a reasoned opinion in February 2025 for not having notified any transposition measures. To date, more than a year after the transposition deadline expired, Sweden has still not notified any transposition measures. Failure to notify transposition measures can be pursued and fined under Article 260(3) TFEU since it is considered that no transposition has taken place. Therefore, the Commission is referring Sweden to the Court of Justice of the European Union.
The promotion of renewable energy is crucial for Europe's path to carbon neutrality and a key element of the European Green Deal as well as the REPowerEU plan. As guardian of the Treaties, the Commission has to ensure the full and correct transposition of EU law into national legislation. When it comes to the enforcement of Directive (EU) 2023/2413, the Commission has so far initiated infringement procedures against all 27 Member States for failure to notify complete transposition measures of the Directive by the deadline of 1 July 2024.
Background
Directive (EU) 2023/2413 amended Directive (EU) 2018/2001 in order to increase the use of renewable energy in the Union as a means to increase energy independence, especially after Russia's war of aggression towards Ukraine, reduce energy prices and decarbonise the energy sector. Directive (EU) 2023/2413 entered into force in November 2023 and has two transposition deadlines: most of its provisions had to be transposed by 21 May 2025, but some of them, related to the permitting procedures for renewable energy projects, had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They also include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest.
Under Article 258 of the Treaty on the Functioning of the EU (TFEU), if the Member State concerned does not comply with the reasoned opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union. Additionally, under Article 260(3) TFEU, the Commission can call on the Court of Justice of the EU to impose financial sanctions on the Member States that failed to fulfil their obligation to notify measures transposing a legislative directive.
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