The European Commission decided to refer Germany, Hungary and Austria to the Court of Justice of the European Union for failing to fulfil their obligation under the EU treaties when adopting, within the Danube Commission, a recommendation on matters that may affect EU rules or alter their scope.
During the 96th plenary session of the Danube Commission on 14 December 2021, Germany, Hungary and Austria voted in favour of a decision of the Danube Commission regarding the recognition of vessel crew documents, a matter covered by EU legislation (Directive (EU) 2017/2397 and Directive (EU) 2021/1233). They did so before a Council decision establishing the Union position in relation to the envisaged act of the Danube Commission could be adopted (art 218(9) TFEU) and in spite of the Commission’s request not to vote on that item in the absence of such a Council Decision, thereby violating the EU’s exclusive external competence (art.3(2) TFEU) and the principle of sincere cooperation (art 4(3) TEU).
The Commission sent letters of formal notices to the three Member States, followed by reasoned opinions on 25 July 2024. In their replies, all three Member States contested the Commission’s position. After considering their arguments, the Commission confirmed its conclusion that Germany, Hungary and Austria violated the above-mentioned Articles.
Therefore, the Commission has decided to refer Germany, Hungary and Austria, to the Court of Justice of the European Union.
Background
The Danube Commission is a body established by the Convention regarding the regime of navigation on the Danube signed in Belgrade on 18 August 1948. The Danube Commission’s recommendation in question is an act having legal effects for the purposes of Article 218(9) TFEU and concerns a matter falling within Union exclusive competence. Therefore, in accordance with Treaty provisions, Member States could vote on the matter only on the basis of Council decision for a unified Union position.
Before the vote, the Commission had informed Germany, Hungary and Austria that the decision required an EU position. However, those Member States went ahead and unilaterally cast a vote on the recommendation of the Danube Commission without waiting for the adoption of a Council Decision to that effect. On this basis, the Commission concluded that the three Member States failed to respect the exclusive external competence of the EU (Article 3(2) TFEU in conjunction with Article 218(9) TFEU) and) the principle of sincere cooperation (Article 4(3) TEU),
After reviewing responses by Germany, Hungary and Austria disputing the Commission’s claims, the Commission maintains that the Member States acted in violation of the Treaties provisions by acting in an area of exclusive external competence without a Council decision establishing the Union position on the envisaged act of the Danube Commission. As a result, the Commission has decided to refer the case to the Court of Justice of the European Union.
More Information
Infringement decisions database
Infringement procedure Germany (INFR(2022)2046)
Infringement procedure Hungary (INFR(2022)2048)
Infringement procedure Austria (INFR(2022)2045)
