November infringements package: key decisions

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 95 cases where the issues with the Member States concerned have been solved. In these cases, the Commission does not have to pursue the infringement procedure further. 

The Commission's enforcement activities and Member States' compliance with EU law can be followed through interactive maps and customisable graphs. For more details on the history of a case or to access the full database of infringement decisions, the infringement decisions' register is open for consultation. And more information on the EU infringement procedure can be found in the following Q&A. 

1. Environment  

(For more information: Maciej Berestecki – Tel.: +32 2 296 64 83; Maëlys Dreux – Tel.: +32 229 54673) 

Letters of formal notice 

Commission calls on POLAND to ensure periodic review of water permits 

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR(2025)2160) for failing to correctly transpose the Water Framework Directive (Directive 2000/60/EC), including the obligation to carry out periodic reviews of water permits. Full implementation of EU water quality requirements is key to protecting human health and the environment. The Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. Each programme must include measures to control different types of pressures affecting water bodies, such as water abstraction, impoundment, point source discharges and diffuse pollution sources. Member States are required to periodically review these control measures, including any permits granted, to determine whether they still achieve their objectives and, if necessary, update them. However, at present, the obligation to periodically review water abstractions is incorrectly transposed into Polish law, as it does not cover all permitted activities. There is also no explicit obligation for the competent authorities to update the reviewed permits, if there is a risk that the environmental objectives will not be achieved. 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 SLOVAKIA to cut emissions of ammonia to reduce air pollution 

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2025)2167) for not sufficiently reducing emissions of ammonia as required by Directive (EU) 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 every year between 2020 and 2029, and more ambitious reductions for 2030 onwards. Member States are required to establish and update National Air Pollution Control Programmes (NAPCPs) to show how these reduction commitments will be met. After analysis of the national emission inventories of several air pollutants submitted by the Member States in 2025, the Commission concluded that Slovakia has failed to meet the emission reduction commitment for the pollutant ammonia since 2020 and therefore breached its obligations under the NEC Directive. Moreover, since the measures set out in the NAPCP of Slovakia have not achieved the emission reduction commitment for ammonia, they are also not sufficient or adequate to limit the annual human-caused emissions as required by the Directive. The Commission is therefore sending a letter of formal notice to Slovakia, 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 MALTA to comply with the EU Birds Directive 
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Malta (INFR(2025)2128) for failing to comply with the Birds Directive. The Directive aims to protect birds and their habitats across the EU, as well as halting the decline or disappearance of birds' species. Under the Birds Directive, Member States are required to take any necessary measures to maintain or restore bird populations in their country. In 2018 (C-557/15) and in 2024 (C-23/23), the Court of Justice of the European Union has condemned, on different grounds, Maltese yearly finch trapping derogations that breached the Birds Directive. Nevertheless, on 17 October 2025, Malta adopted a new derogation allowing finch trapping for ‘alleged' scientific purposes in autumn 2025, similar to the one annulled by the Court in case C-23/23. Therefore, the Commission decided to open this new case under Article 258 TFEU to challenge the 2025 derogation and address aspects not covered by the previous ruling. The Commission maintains that the derogation adopted by Malta does not pursue a genuine research purpose and reintroduces recreational hunting in disguise despite previous Court rulings. In addition, it does not demonstrate the lack of other satisfactory solutions and does not ensure appropriate enforcement. The Commission is therefore sending a letter of formal notice to Malta, 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 the NETHERLANDS to improve the monitoring of bycatch of strictly protected harbour porpoise as required by the Habitats Directive  

Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2021)4062) for failing to comply with the Habitats Directive (Directive 92/43/EEC) as regards the monitoring of bycatch. Bycatch is when non-targeted species are inadvertently caught during fishing activities. Article 12 of the Habitats Directive requires Member States to monitor bycatch of strictly protected species, to ensure that it does not have a significant negative impact on the species concerned. The Commission sent a letter of formal notice to the Netherlands in February 2022 on the failure to establish an adequate system to monitor the bycatch of harbour porpoise, a strictly protected species under the Habitats Directive. In their reply, the Dutch authorities have reported on the current monitoring of fishing operations and their plans to increase the monitoring efforts. However, these monitoring efforts are still well below the minimum monitoring effort required, as defined in the latest scientific advice of the International Council for the Exploration of the Sea. 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. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union.  

Commission calls on PORTUGAL to correctly transpose the SEVESO-III Directive 

Today, the European Commission decided to issue a reasoned opinion to Portugal (INFR(2024)2225) to address shortcomings in the transposition of the SEVESO-III Directive (Directive 2012/18/EC). The Directive lays down rules for the prevention of major accidents involving dangerous substances and of their consequences for human health and the environment. The Directive covers over 11,000 industrial installations in the European Union where dangerous substances are used or stored in large quantities. It applies to a wide range of sectors, such as the chemical and petrochemical industry, refineries and production of pharmaceuticals. Under the Directive, different safety regimes apply depending on the amount of dangerous substances present in the installation, with stricter legal requirements for those handling high amounts. The Commission sent a letter of formal notice to Portugal in December 2024 for failing to bring  its national legislation fully in line with the SEVESO-III Directive. In its reply to the letter of formal notice, Portugal accepted to amend the legislation and address some of the issues raised. While Portugal has resolved some of these issues, certain transposition problems remain, including as regards emergency plans, public consultation and participation in decision-making and actions the competent authority must take following a major accident. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, 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 to the Court of Justice of the European Union. 

Referrals to the Court of Justice  

Commission decides to refer BULGARIA, LITHUANIA, PORTUGAL and SWEDEN to the Court of Justice of the European Union for failure to reduce their emissions of several air pollutants 

Today, the Commission decided to refer Bulgaria (INFR(2022)2068), Lithuania (INFR(2022)2074), Portugal (INFR(2022)2078), and Sweden (INFR(2022)2080) to the Court of Justice of the European Union for not respecting their emission reduction commitments for several air pollutants as required by the Directive on the reduction of national emissions of certain atmospheric pollutants (Directive (EU) 2016/2284), known as ‘the NEC Directive'. The NEC Directive sets national emission reduction commitments for several air pollutants, to be attained by every Member State each year between 2020 and 2029, and more ambitious reductions from 2030 onwards. Member States are also required to establish and update National Air Pollution Control Programmes (NAPCPs) to show how these reduction commitments will be met. Bulgaria, Portugal and Sweden have failed to meet the emission reduction commitment for ammonia (NH3), and Lithuania for nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). In January 2023, based on the analysis of the NAPCPs and national emission inventories submitted in 2022 providing data up to 2020, the Commission sent letters of formal notice to fourteen Member States that did not fulfil their emission reduction commitments for 2020. Ammonia is the pollutant for which most of the Member States have not complied with their obligations. Following the analysis of the national emission inventories submitted in 2023, and covering data up to 2021, and further information reported by the Member States (such as emission projections for 2025 and 2030, updated NAPCPs, and updated policies and measures, where relevant), in November 2023 the Commission issued reasoned opinions to nine of those fourteen Member States. The latest emission inventories submitted by the Member States, in 2025, reflecting emission data up to 2023, show persistent shortfalls in reaching the emission reduction commitments for some Member States. The Commission considers that efforts by the authorities have, to date, been insufficient to comply with their emissions reduction commitments under the NEC Directive and decided therefore to refer Bulgaria, Lithuania, Portugal and Sweden to the Court of Justice of the European Union. The Commission will continue monitoring the emissions of air pollutants in all Member States and decide on further action, where warranted. More information is available in the press release. 

Commission decides to refer POLAND to the Court of Justice of the European Union for failing to comply with nitrogen dioxide limit values 

Today, the European Commission decided to refer Poland (INFR(2016)2010) to the Court of Justice of the European Union for failing to keep nitrogen dioxide (NO2) levels below the limit values set by the Ambient Air Quality Directive (Directive 2008/50/EC) and to adopt measures to keep the exceedance period as short as possible. The Ambient Air Quality Directive obliges Member States to keep the concentrations of specific pollutants in the air, like NO2, below certain limit values. In case these limit values are exceeded, Member States must adopt and implement measures to keep the exceedance period as short as possible. According to the most recent data for the year 2024, in two zones (Aglomeracja Krakowska and Aglomeracja Górnośląska), NO2 levels have exceeded the limit values for fifteen and fourteen consecutive years, respectively. Despite this persistent and systematic breach, Poland has failed to adopt appropriate measures. According to the air quality plans for the two zones, compliance would be achieved by 2026, sixteen years after the relevant limit values became applicable. However, it is still uncertain whether this goal will be achieved since the compliance gap of 6-8 μg/m3 above the limit is significant. Even though Poland's air quality plans have previously put forward the need to address NO2 exceedances by introducing low emission zones (LEZ), the related legal obligations have been introduced into Polish law only at the end of 2024, for the cities which record NO2 exceedances. Furthermore, there has been a significant delay in the introduction of LEZ in the two non-compliant zones. A LEZ in Aglomeracja Krakowska will only come into force on 1 January 2026, whereas no LEZ is currently planned in Aglomeracja Górnośląska. This situation is further exacerbated by the shortcomings of other air pollution control measures (such as their overly general scope or the lack of clearly attributed funding). The Commission sent a letter of formal notice to Poland in February 2016 and a reasoned opinion in February 2021. The Commission considers that efforts by the Polish authorities have, to date, been insufficient to ensure compliance and is therefore referring Poland to the Court of Justice of the European Union. More information is available in the press release. 

2. Fisheries and maritime affairs 

(For more information: Maciej Berestecki - Tel.: +32 2 296 64 83, Anna Wartberger – Tel.: +32 2 298 20 54) 

Additional letter of formal notice 

Commission calls on the NETHERLANDS to ensure compliance with rules on catch weighing, registration and inspections 

Today, the Commission decided to send an additional letter of formal notice to the Netherlands (INFR(2020)2295) for non-compliance with the Fisheries Control Regulation (Council Regulation (EC) No 1224/2009), the Fisheries Control Implementing Regulation (Commission Implementing Regulation (EU) No 404/2011) and the Illegal, Unreported and Unregulated Fisheries (IUU) Regulation (Council Regulation (EC) No 1005/2008). In particular, the Netherlands has failed to take appropriate measures to enforce key requirements related to weighing and catch registration for landings of frozen and fresh pelagic and demersal fish stocks by both EU and third-country fishing vessels operating in Dutch ports. Additionally, the Netherlands does not fully comply with the inspection protocols mandated under the Fisheries Control Implementing Regulation and the IUU Regulation. The Commission sent a letter of formal notice to the Netherlands on 30 October 2020, followed by a reasoned opinion on 9 February 2022. The Commission considers that the Netherlands has remedied some, but not all the identified deficiencies. In addition, new deficiencies have been identified in the meantime. Therefore, today the Commission is sending an additional letter of formal notice to the Netherlands, which now has two months to respond. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. 

3. Internal Market, Industry, Entrepreneurship and SMEs 

(For more information: Thomas Regnier - Tel.: +32 2 299 10 99; Rüya Perincek – Tel.: +32 460 76 25 10) 

Letters of formal notice 

Commission calls on HUNGARY to comply with EU Public Procurement rules 

The European Commission has decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2025)4020) for failing to comply with EU rules when awarding its waste management concession for the entire territory of Hungary. The EU rules on the award of concession contracts (Directive 2014/23/EU) aim to guarantee the equal treatment of economic operators and the opening-up of concessions to competition. The Commission considers that the eligibility criteria applied in this procedure were discriminatory and that the 35-year duration of the concession exceeds the period permitted under the Directive. In addition, the original terms of the concession appear to have been modified in breach of EU rules. Therefore, the Commission is sending a letter of formal notice to Hungary, which now has two months to reply to the arguments raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. 

Reasoned opinion 

Commission asks GREECE to ensure equal treatment in the award of concessions for the use of coastal areas 

Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2024)2243) for non-compliance with EU rules on authorisation procedures for the use of public coastal areas. The Commission initially sent a letter of formal notice to Greece in December 2024, observing that Greek legislation allows certain categories of already established local operators the possibility to obtain, upon request and without a competitive procedure, the right to use parts of the coastal areas adjacent to their establishment. This lack of competition does not appear compatible with the Services Directive (Directive (2006/123/EC) and the freedom of establishment (Article 49 TFEU). Under Article 12(1) of the Services Directive, Member States should apply a selection procedure which provides full guarantees of impartiality and transparency to all potential candidates. The system currently in place in Greece also discourages cross-border providers to pursue service activities on the portions of the coast concerned, in violation of Article 49 TFEU. As the Greek reply has not been considered satisfactory, the Commission decided to send a reasoned opinion, confirming the position taken in the letter of formal notice. Greece 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 to the Court of Justice of the European Union. 

4. 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 GERMANY, SPAIN and LATVIA to correctly transpose the provisions of the Firearms legislation 

The European Commission decided to open infringement procedures by sending letters of formal notice to Germany (INFR(2025)2176), Spain (INFR(2025)2178) and Latvia (INFR(2025)2177) for failing to correctly transpose the provisions of the Firearms Directive (Directive (EU) 2021/555). Germany has also failed to correctly transpose certain provisions of the Commission Implementing Directive (EU) 2019/68 on marking of firearms, and of Commission Implementing Directive (EU) 2019/69 on alarm and signal weapons. 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. It also regulates the transfer of firearms, essential components and ammunition for civilian use within the EU. In doing so, the Directive sets high standards of security and protection against criminal acts and illicit trafficking of firearms. Commission Implementing Directive (EU) 2019/68 establishes rules on the marking of firearms to increase the traceability of firearms and facilitate the safe transfer and legal trade of firearms and essential components across borders. Commission Implementing Directive (EU) 2019/69 sets technical specifications for alarm and signal weapons (which only discharge blank ammunition or irritants) to avoid illegal conversion into lethal firearms. The Commission is therefore sending letters of formal notice to Germany, Spain and Latvia, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.  

Reasoned opinions 

Commission calls on BELGIUM and LATVIA to fully transpose the provisions of the Critical Entities Resilience Directive  

The European Commission decided to send reasoned opinions to Belgium (INFR(2024)0256) and Latvia (INFR(2024)0285) 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 uninterrupted 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 threats, including natural hazards, terrorist attacks, insider threats, and sabotage. The swift transposition of the Directive is essential to reach this important common objective. Belgium and Latvia have only partially communicated their transposition of the Directive. Therefore, the Commission has decided to send reasoned opinions to Belgium and Latvia, 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. 

Commission calls on ESTONIA, HUNGARY and POLAND to comply with the EU Cyberattacks Directive 

The European Commission decided to send reasoned opinions to Estonia (INFR(2021)2055) and Poland (INFR(2021)2053) as well as an additional letter of formal notice to Hungary (INFR(2022)2009) concerning the incorrect implementation of certain provisions of the Directive on Attacks against Information Systems (Directive 2013/40/EU). The Directive is an essential part of the EU's legal framework in the fight against cybercrime and requires Member States to strengthen national cybercrime laws and to introduce criminal sanctions, including for large-scale cyber-attacks. Member States are also obliged to designate points of contact, available 24 hours a day, 7 days a week, to ensure swift cooperation between national authorities. The Commission considers that Estonia, Hungary and Poland have incorrectly transposed some of the measures set out in the Directive into their national laws, in particular when it comes to the provisions regarding illegal interception or tools used for committing certain offences established by the Directive. Estonia, Hungary and Poland now have two months to respond to the arguments raised by the Commission. Otherwise, the Commission may decide to refer Estonia and Poland to the Court of Justice and/or to send a reasoned opinion to Hungary. 

5. Justice 

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

Letters of formal notice 

Commission sends letter of formal notice to SLOVAKIA for breach of fundamental principles of Union law 

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2025)2208) for breaching fundamental principles of Union law, particularly the principles of primacy, autonomy, effectiveness and uniform application of Union law. On 26 September 2025, Slovakia adopted amendments to its Constitution, supplementing its Article 7 with additional provisions which allow Slovak authorities, including courts, to assess whether and to what extent EU law may apply in Slovakia, including rulings of the Court of Justice. This contravenes the principle of the primacy of EU law, which is a fundamental element of the EU legal order, together with the principles of autonomy, effectiveness, and uniform application of Union law. Even when a Member State amends its constitution, such an exercise of national competence cannot circumvent the need to comply with fundamental principles of Union law. The Commission raised its concerns with the Slovak authorities before the adoption of the amendments. However, the amendments were adopted without addressing the Commission's concerns. The Commission has therefore decided to send a letter of formal notice to Slovakia. Slovakia now has two months to reply to the concerns raised by the Commission. 

Commission calls on BULGARIA and HUNGARY to correctly transpose the rules on legal aid for suspects and accused persons in criminal proceedings    

The European Commission decided to open infringement procedures by sending letters of formal notice to Bulgaria (INFR(2025)2165) and Hungary (INFR(2025)2163) for failing to correctly transpose EU rules on legal aid in criminal proceedings (Directive (EU) 2016/1919). The Directive aims to create common minimum standards to ensure that the rights of suspects and accused persons are sufficiently protected across the EU. Specifically, it establishes a right to legal aid in criminal proceedings for suspects, accused individuals, and requested persons in European arrest warrant proceedings, ensuring they have access to financial support for legal assistance. The Commission found that in both Member States, not all persons covered by the Directive have access to legal aid. Regarding Hungary, the Commission identified further issues, as the granting of legal aid depends on a request by the individual. Additionally, while Hungary applies a system of mandatory defence, this system does not cover all scenarios set out by the Directive, and it does not ensure that legal aid is granted without undue delay. The Commission is therefore sending letters of formal notice to Bulgaria and Hungary, which now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. 

Reasoned opinion 

Commission calls on SWEDEN to comply with the rules on the fight against fraud to the Union's financial interests by means of criminal law 

Today, the European Commission decided to send a reasoned opinion to Sweden (INFR(2021)2266) for failing to correctly transpose EU rules on the fight against fraud to the Union's financial interests by means of criminal law (Directive (EU) 2017/1371). The Directive helps protect the EU budget by harmonising the definitions, sanctions and jurisdiction rules related to fraud and other offences affecting the EU's financial interests. In February 2022, the Commission sent a letter of formal notice to Sweden. Although some of the concerns identified by the Commission have since been resolved. Sweden still fails to comply with some aspects of VAT-related statements. All Member States must uphold their commitment to protect the financial interests of the Union, adopting the appropriate legislation to prevent and counter fraud. Sweden now has two months to reply to the Commission's reasoned opinion and address the remaining shortcomings raised. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union. 

6. 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 ESTONIA, ITALY and HUNGARY to transpose the agreed provisions on phasing out financial incentives for stand-alone boilers powered by fossil fuels  

The European Commission decided to open infringement procedures by sending letters of formal notice to Estonia (INFR(2025)2184), Italy (INFR(2025)2186) and Hungary (INFR(2025)2185) for failing to fully transpose into national law Article 17(15) of the recast Energy Performance of Buildings Directive (EPBD), Directive (EU) 2024/1275. The 2024 recast EPBD sets out how the EU can achieve a fully decarbonised building stock by 2050 via a range of measures and thereby reduce energy bills for European citizens by structurally boosting the energy performance of buildings. The Directive has two transposition deadlines. While the main deadline is 29 May 2026, provisions for the Member States to stop providing any financial incentives for the installation of stand-alone fossil fuel boilers, in accordance with Article 17(15) had to be transposed into national legislation by 1 January 2025. Space heating and domestic hot water generation account for more than three quarters of the final energy consumed by EU households. Almost two thirds of that energy use is still based on fossil fuels, mostly natural gas. The decarbonisation of the building sector largely depends on phasing out the use of fossil fuels for heating. Article 17(15) is part of the framework for the gradual phase-out of fossil fuels boilers in line with the long-term vision set out by the Energy Performance of Buildings Directive for achieving a zero-emission building stock by 2050. Having examined the measures notified by Estonia, Italy and Hungary, and the explanations provided, the Commission has concluded that those three Member States have not fully implemented nor fully explained the phase out of financial incentives for the installation of stand-alone fossil fuel boilers by the deadline of 1 January 2025. The Commission is therefore sending letters of formal notice to Estonia, Italy and Hungary, 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 POLAND to fully transpose EU rules accelerating permitting procedures for renewable energy projects 

Today, the European Commission decided to send a reasoned opinion to Poland (INFR(2024)0243) 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 revised 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 the Member States by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and 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. 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 Poland, the Commission has concluded that Poland has not yet fully transposed the Directive. Therefore, the Commission has decided to issue a reasoned opinion to Poland, which now has two months to respond and complete the transposition. 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. 

Commission urges PORTUGAL to comply with the EU rules on ecodesign and energy labelling of products 

Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2025)2073) for failing to ensure effective compliance with the EU rules on ecodesign and energy labelling of products. Member States are responsible for ensuring effective surveillance of their markets and ensuring that only products complying with all the applicable rules are placed on the market. In practice, this means checking that products satisfy the minimum energy use requirements set under ecodesign regulations, and that the product has a correct energy label providing consumers with the information they need for purchase decisions. The Market Surveillance Regulation (Regulation (EU) 2019/1020) obliges Member States to ensure effective market surveillance. The Commission considers that Portugal did not fully meet the obligations to ensure compliance with the EU rules on ecodesign and energy labelling of products as per the Market Surveillance Regulation. Therefore, it sent a letter of formal notice to Portugal in June 2025. The reply from Portugal, received in August 2025, did not allow the Commission to conclude that all the obligations are now fully met. Obligations require that products on the market comply with ecodesign requirements - on energy efficiency and other aspects - and have the correct energy label displayed, by checking and testing products, and that the national market surveillance authority has the powers and resources to fulfill its role properly. 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. 

7. Mobility and Transport 

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

Letters of formal notice 

Commission calls on PORTUGAL to fulfil its obligations under EU legislation on Intelligent Transport Systems  

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2025)2175) for failing to comply with its reporting obligation under Directive 2010/40/EU on Intelligent Transport Systems, as amended in 2023 (ITS Directive). This Directive aims to ensure the deployment of innovative transport technologies and interoperable ITS solutions linked to real-time traffic information, multimodal travel, the eCall emergency system, and intelligent truck parking. Furthermore, the Directive provides that certain crucial road, travel and traffic data (such as speed limits, traffic circulation plans or roadworks) are made available in digital format, in view of emerging new road mobility options, such as mobility apps and connected and automated mobility. It also requires that essential safety-related services are made available for drivers along the Union's TEN-T network. Under the provisions of the ITS Directive, all Member States had to present, by 21 March 2025, a report on the implementation of this Directive and of the delegated acts adopted on its basis. The report also needs to outline the main national activities and projects regarding the priority areas listed in the Directive. Portugal has to date not submitted a report in the format as mandated by the ITS Directive.  The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. 

Commission calls on CZECHIA, HUNGARY and AUSTRIA to correctly transpose EU rules on tolls and vignettes for road infrastructure use 

The European Commission decided to open infringement procedures by sending a letter of formal notice to Czechia (INFR(2025)2169), Hungary (INFR(2025)2171), and Austria (INFR(2025)2168) for their failure to correctly transpose the Eurovignette Directive (Directive 1999/62/EC as amended by Directive (EU) 2022/362). This Directive aims to harmonise the mechanisms for charging road infrastructure and external costs in the EU. It covers passenger cars, buses and coaches, and small heavy-duty vehicles and sets out how Member States have to take into account the environmental costs of air pollution, noise, and CO2 emissions in their road charging systems, with a view to encourage the use of cleaner vehicles. While the national laws of Czechia, Hungary, and Austria transposing Directive (EU) 2022/362 are broadly in line with the Eurovignette Directive, they contain specific provisions which do not correctly transpose it.  For example, the definition of zero-emission vehicle in Czech law differs from the definition of the Directive. Austria did not provide sufficient evidence to justify its intention to derogate from the obligation to vary user charges imposed on light-duty vehicles based on their emission performance. As regards Hungary, the duration of a route ticket is limited to 120-minutes, which could be to the detriment of non-regular road users such as tourists. The Commission is therefore sending letters of formal notice to Czechia, Hungary, and Austria, 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 PORTUGAL to fulfil its obligations under EU maritime security legislation 

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2025)2166) for failing to fulfil its obligations arising from the EU maritime security legislation (Regulation (EC) No 725/2004, Directive 2005/65/EC, and Commission Regulation (EC) 324/2008). The EU maritime security legislation sets security requirements for ships, port facilities and ports, and lays out procedures for maritime security inspections. These measures are important to enhance the security of ports against threats of intentional unlawful acts and the resilience of the EU's critical infrastructure. Portugal does not carry out all the administrative and control tasks required for the effective implementation of the EU maritime security legislation. 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, Commission may decide to issue a reasoned opinion. 

 
8. Financial Stability, Financial Services and Capital Markets Union 

(For more information: Arianna Podesta - Tel.: +32 2 296 59 66; Saul Louis Goulding Tel.: +32 2 298 70 24) 

Letters of formal notice 

Commission calls on ITALY to comply with EU banking regulations 

The European Commission today decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)2152) 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 has raised concerns over the so-called ‘Golden Powers' legislation (Law Decree 21/2012, as amended and extended in 2021 and 2022), which grants the Italian government broad prerogatives to review, block or impose conditions on corporate transactions in the banking sector. While intended to safeguard national security and public order, this legislation, as applied by the Italian authorities, risks allowing for unjustified interventions on economic grounds which compromises the principles of freedom of establishment and the free movement of capital within the Single Market. Moreover, the Italian legislation overlaps with the exclusive competences of the European Central Bank under the Single Supervisory Mechanism. 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. 

9. Digital economy  

(For more information: Thomas Regnier - Tel.: +32 2 299 10 99, Patricia Poropat – Tel.: + 32 2 298 04 85)  

Letter of formal notice 

Commission calls on ITALY to comply with EU electronic communications rules 

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)2153) for failing to comply with the European Electronic Communications Code (Directive (EU) 2018/1972) and the Framework Directive (Directive 2002/21/EC). Italy has not taken sufficient administrative action to eliminate harmful interference caused by Italian FM (frequency modulation) radio broadcasters into neighbouring Member States in the FM frequency band (87.5-108 MHz). The interference extends namely to French, Croatian, Maltese, and Slovenian territory and prevents the broadcasters in respective countries from using radio spectrum in the FM band for their national FM radio channels. Despite longstanding exchanges with Italy within the framework of the Radio Spectrum Policy Group, the Commission considers that Italy has not fulfilled its obligations under the European Electronic Communications Code and the Framework Directive. Therefore, the Commission is sending a letter of formal notice to Italy, which now has two months to reply to the arguments raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. 

10. Jobs and social rights  

Referral to the Court of Justice  

Commission decides to refer GREECE to the Court of Justice of the European Union for failing to align its rules on family benefits with EU law 

Today, the European Commission decided to refer Greece (INFR(2023)2097) to the Court of Justice of the European Union for not bringing its national legislation on family benefits in line with EU rules on social security coordination (Regulation (EC) No 883/2004) and free movement of workers. Under Greek law, only EU nationals who have lived in Greece for at least five years with their children can claim family benefits. Non-EU nationals, even if covered by the EU social security coordination rules (for example, because they moved to Greece from another EU country), must reside in Greece for at least 12 years to be eligible. In the Commission's view, these requirements are discriminatory and in breach of EU law. EU rules on social security coordination explicitly prohibit any residence requirements for receiving social security benefits, including family allowances. The Commission launched the infringement procedure in November 2023 by sending a letter of formal notice to the Greek authorities, followed by a reasoned opinion in July 2024. As Greece has not taken the necessary measures to remedy the situation, the Commission has decided to refer the case to the Court of Justice. More information is available in the press release.