In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
In the list of May infringement decisions, there is 1 letter of formal notice and reasoned opinion and 2 other reasoned opinions regarding energy policy.
Letter of formal notice and reasoned opinion
Commission calls DENMARK and urges ESTONIA to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today the European Commission decided to send a letter of formal notice to Denmark (INFR(2025)2050) and a reasoned opinion to Estonia (INFR(2024)0219) 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 (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 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. 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 on the one hand the transposition measures notified by Denmark and the reply from Estonia, the Commission has concluded that neither Denmark nor Estonia have yet fully transposed the Directive. The Commission is therefore sending a letter of formal notice to Denmark, which now has two months to respond and complete the transposition. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. Upon today’s reasoned opinion to Estonia, the Member State now has two months to respond and take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Reasoned opinions
Commission calls on Member States to accelerate transposing agreed rules to strengthen and expand EU emissions trading
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2024)0009), Bulgaria (INFR(2024)0015), Czechia (INFR(2024)0027), Estonia (INFR(2024)0039), Spain (INFR(2024)0051), Latvia (INFR(2024)0096), Hungary (INFR(2024)0069), Poland (INFR(2024)0115), Portugal (INFR(2024)0121), Romania (INFR(2024)0127), Slovenia (INFR(2024)0135) and Finland (INFR(2024)0057), for not transposing or only partly transposing into national law the Directive 2023/959 on the EU Emission Trading System (EU ETS), which had a transposition deadline of 31 December 2023. The revision of the EU ETS Directive, amending Directive 2003/87/EC, strengthens the existing EU ETS rules, extends the ETS to maritime transport, reduces the amount of emission allowances, determines that fewer allowances are to be allocated for free, while strengthening the funds that support decarbonisation within the system. The Commission also decided to send reasoned opinions to Belgium (INFR(2024)0008), Bulgaria (INFR(2024)0014), Estonia (INFR(2024)0038), Spain (INFR(2024)0050), Cyprus (INFR(2024)0021), Latvia (INFR(2024)0095), Hungary (INFR(2024)0068), Poland (INFR(2024)0114), Romania (INFR(2024)0126), Slovenia (INFR(2024)0134) and Finland (INFR(2024)0056), for not transposing or only partly transposing into national law the Directive 2023/958 regarding the revised EU ETS rules applying to the aviation sector, which had a transposition deadline of 31 December 2023. The amendments raise the ambition in the aviation sector and implement the Carbon Offsetting and Reduction Scheme for International Aviation. The complete transposition of these Directives is essential in ensuring the proper functioning of EU ETS, avoiding distortions in the internal market, and to align the system with the 2030 EU climate targets set out in the European Climate Law. In January 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the two Directives into national law. Member States are working on transposition measures of the Directives and respective provisions but those mentioned above have not communicated full transposition or only partially. Therefore, the Commission has decided to issue reasoned opinions to concerned Member States, which now have two months to respond and take the necessary measures to transpose in a complete and correct way. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Commission urges ROMANIA to remove restrictions on the pricing of gas
Today, the European Commission decided to send a reasoned opinion to Romania (INFR (2024)2194) for restricting the freedom of gas producers to determine their wholesale prices of gas in Romania. More specifically, Romania introduced a national measure that obliges gas producers to sell part of their domestic production at a fixed price to customers at wholesale level. Regulated prices at the level of the EU-wide wholesale market distort price signals and effective market functioning and are therefore incompatible with Directive 2009/73/EC concerning common rules for the internal market on natural gas. The Commission sent a letter of formal notice to Romania in October 2024. The Commission considers that the gas pricing related measure restricts the fundamental principles of free price formation in the gas wholesale market, to the detriment of the internal market and consumers. The Commission has therefore decided to issue a reasoned opinion to Romania, 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. Today’s reasoned opinion does not deal with the legality of the Romanian revenue cap for electricity producers, which was also part of the letter of formal notice. This is because several preliminary rulings are pending before the Court of Justice in this regard. Depending on the outcome of these Court cases, the Commission will take a decision whether to pursue the issue further with infringement measures.
For more information on the EU infringement procedure, see the full press release and Q&A. For more detail on the history of a case, you can consult the infringement decisions’ register.
