Where a Member State fails to fulfil their Treaty obligations, either by lack of transposition, incomplete transposition, or the incorrect application of EU law, the Commission may initiate an infringement procedure under Article 258 of the Treaty on the Functioning of the European Union.
The infringement procedure follows a structured sequence:
• the Commission issues a letter of formal notice, providing the Member State an opportunity to submit observations;
• if the matter remains unresolved, the Commission delivers a reasoned opinion specifying the breach and demanding compliance within a defined period;
• should the Member State fail to comply, the Commission may refer the matter to the Court of Justice of the European Union.
Infringement procedures carry significant implications beyond purely legal consequences. They may generate political sensitivities, impose reputational costs, and in cases reaching the Court of Justice, result in substantial financial penalties through lump sum payments and daily penalty payments.
Please see the attached file for details of my Department's current infringements.
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Number
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Title
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Stage
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2012/4028
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Directive 2003/35/EC with regard
to public participation and access to justice
|
Letter of Formal Notice
|
|
2018/2030
|
Council Directive 2011/70 safe
management of spent fuel and radioactive waste
|
Reasoned Opinion
|
|
2019/4007
|
Directive 2011/92/EU on the
assessment of the effects of certain public and private projects on the environment
|
Reasoned Opinion
|
|
2022/2073
|
Directive (EU) 2016/2284 on the
reduction of national emissions of certain atmospheric pollutants
|
Reasoned Opinion
|
|
2024/0231
|
Directive 2023/2413 as regards
the promotion of energy from renewable sources (RED III).
|
Reasoned Opinion
|
|
2024/2130
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Directive 2012/19/EU on waste
electrical and electronic equipment (WEEE).
|
Letter of Formal Notice
|
|
2025/0146
|
Directive (EU) 2024/1711 as
regards improving the Union’s electricity market design.
|
Letter of Formal Notice
|
|
2025/2005
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Directive 1999/31/EC ('the
Landfill Directive')
|
Letter of Formal Notice
|
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2025/0226
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Directive 2023/2413 as regards
the promotion of energy from renewable sources (RED III).
|
Letter of Formal Notice
|
|
2025/0332
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Directive (EU) 2023/1791 on
energy efficiency and amending Regulation (EU) 2023/955
|
Letter of Formal Notice
|
|
2025/2231
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The Energy Charter Treaty
|
Letter of Formal Notice
|