COMMISSION STAFF WORKING DOCUMENT Part I: Policy areas Accompanying the document Report from the Commission Monitoring the application of European Union law 2015 Annual Report
Date: 2016-07-15
Institutions: European Commission, Secretariat-General
Subjects: EU Member State, EU control, activity report, approximation of laws, infringement procedure (EU), national implementing measure

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 15.7.2016  SWD(2016) 230 final   COMMISSION STAFF WORKING DOCUMENT Part I: Policy areas Accompanying the document Report from the Commission Monitoring the application of European Union law 2015 Annual Report {COM(2016) 463 final} {SWD(2016) 231 final}  
 
 
Monitoring the application of European Union law: 2015 Annual Report 

Agriculture and rural development ................................................................................................... 3 

Budget .............................................................................................................................................. 9 

Climate action ................................................................................................................................. 11 

Communications networks, content and technology ...................................................................... 14 

Competition .................................................................................................................................... 21 

Employment, social affairs and inclusion ....................................................................................... 25 

Energy ............................................................................................................................................ 33 

Environment ................................................................................................................................... 39 

Financial stability, financial services and capital markets union .................................................... 48 

Health and food safety .................................................................................................................... 54 

Internal market, industry, entrepreneurship and SMES ................................................................. 60 

Justice and consumers ................................................................................................................... 66 

Maritime affairs and fisheries.......................................................................................................... 75 

Migration and home affairs ............................................................................................................. 78 

Mobility and transport ..................................................................................................................... 85 

Taxation and customs union........................................................................................................... 92 

This document provides an overview of the challenges in application of EU law in policy areas where 
the most significant developments related to infringement took place.

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Monitoring the application of European Union law: 2015 Annual Report 

Agriculture and rural development 

In  2015  new  complaints  in  the  area of  agriculture  and  rural  development  were  lower  than  in 
2013 and 2014 but above the levels registered in 2011 and 2012.The number of new EU Pilot 
files reached a five-year peak. Infringement cases open at the end of 2015 were slightly higher 
than a year earlier but considerably below the levels previous to that. New late transposition 
cases returned to the level of their 2011 peak. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

115 

98 

91 

86 

59 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

54 

91 

>  Complaints open at end-2014 

>  New complaints registered in 2015 

110 

>  Complaints handled in 2015 

= 35 

>  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

91 complaints in 2015 

Rural 
development 
32 

Direct payment 
35 

Common Market 
Organisation: 
wine, milk, olive 
oil, animal 
products 
11 

Other 
13 

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Agriculture and rural development 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

32 

30 

22 

22 

36 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

16 

>  EU Pilot files open at end-2014 

 36 

 30 

>  New EU Pilot files registered in 2015 

>  EU Pilot files handled in 2015 

= 22 

>  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

36 EU Pilot files opened in 2015 

Other 
4 

Common Market 
Organisation: 
wine, milk, olive 
oil 
4 

Direct payment 
5 

Organic 
products 
23 

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Agriculture and rural development 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

87% 

73% 

95% 

89% 

97% 

100% 

68% 

70% 

75% 

75% 

2011

2012

2013

2014

2015

Agriculture and rural development

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  unlawful restrictions on authorisation of vine plantings; 
  non-compliance  by  a  substantial  number  of  Member  States  with  the  EU  provisions  on 
organic products regarding the exchange of information on irregularities or infringements 
of EU requirements; 
  direct payments reform. 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

27 

26 

29 

4 

6 

2011

2012

2013

2014

2015

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Agriculture and rural development 

2.  Infringement cases open on 31 December 2015: main policy sectors 

6 infringement cases in 2015 

Food labelling 
2 

Common 
Market 
Organisation: 
milk products 
2 

Common 
Market 
Organisation: 
wine 
2 

3.  New infringement cases opened in 2015: policy sectors 

12 new infringement cases in 2015 

Common 
Market 
Organisation: 
milk 
1 

Food labelling 
11 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  12  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

 

Italy: ban on the use of condensed and powdered milk in the manufacture of dairy 
products; 

  11  Member  States:  non-communication  of  national  measures  transposing  the 

Directive on honey labelling.1 

b)  The Commission referred one case to the Court under Article 258 TFEU. It concerned: 

 

Italy: failure to recover milk levies due from Italian producers.2 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

1   Directive 2014/63/EU. 
2   Commission v Italy, C-433/15 and IP/15/4490. 

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Agriculture and rural development 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

11 

11 

0 

2012

2011

4 

2013

0 

2014

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

The Commission opened 11 late transposition infringement cases in the area of food labelling 3 
(see below) 

3.  Key infringement cases and referrals to the Court 

a)  The 11 cases for late transposition opened in 2015 all concern the Directive4 amending 

the Directive on honey labelling.5 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned late transposition of the Directive on honey labelling.6 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings7 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Greece:  only  people  who  have  previously  produced  agricultural  products  could  benefit 

 

under the long-term set-aside scheme for agricultural land;8 
Italy: the practice of selling and re-selling bananas for the sole purpose of benefiting from 
the  preferential  rate  of  duty  for  imports,  even  if  formally  in  line  with  the  letter  of  the  EU 
rules, are in the end an abuse of those rules;9 

  Germany:  where  an  infringement  of  a  provision  of  EU  law  is  discovered  only  after  the 
prejudice has occurred, the limitation period (after which the case is time-barred) begins 
to run from the time when both the economic operator’s act or omission that infringed EU 

3   Directive 2014/63/EU. 
4   Directive 2014/63/EU. 
5   Directive 2001/110/EC. 
6   Directive 2014/63/EU. 
7  
8  
9   Cimmino and Others, C-607/13. 

These rulings are almost exclusively handed down on infringement procedures. 
Agrooikosystimata, C-498/13. 

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Agriculture and rural development 

law  and  the  prejudice  caused  to  the  budget  of  the  EU  or  budgets  managed  by  it 
occurred;10 

  UK:  the  Common  Market  Organisation  Regulation11  does  not  preclude  a  national 
measure imposing a minimum price per unit of alcohol for retail sales of wines, provided 
that  this  measure  is  appropriate  to  secure  the  objective  of  protecting  human  life  and 
health  and  does  not  go  beyond  what  is  necessary  to  attain  that  objective.  Nonetheless, 
such a measure constitutes an obstacle to the free movement of goods which cannot be 
seen  as  justified  if  it  is  possible  to  protect  health  equally  effectively  by  tax  measures 
which restrict trade and competition less;12 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  giving  particular  attention  to  cases  which  jeopardise  the  effectiveness  of  important 
common  agricultural  policy  mechanisms,  especially  the  provision  of  agricultural  market 
and income support; 
closely monitoring Member States' application of the mechanisms set out in the Common 
Market Organisation Regulation, as reformed on 1 January 2014, and correct application 
of the reformed direct payments regime which entered into force on 1 January 2015;13 

 

  giving particular attention to proper implementation of the rules on organic products; 
  using the clearance of accounts procedure in the agricultural sector to persuade Member 
States  to  adapt  their  management  and  control  systems  where  conformity  audit 
mechanisms have detected infringements. 

10   Firma Ernst Kollmer Fleischimport und –export, C-59/14. 
11   Regulation (EU) No 1308/2013. 
12   The Scotch Whisky Association, C-333/14. 
13   Regulation (EU) No 1307/2013. 

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Monitoring the Application of European Union Law - 2015 Annual Report 

Budget 

In  2015  the  Commission  did  not  receive  any  new  complaints  in  the  area  of  financial 
programming and budget, nor did it open any new EU Pilot files. It did, however, open 
one infringement case. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

The  Commission  did  not  receive  any  complaints  in  the  area  of  financial  programming  and 
budget. 

2.  Public complaints open at year-end 

The Commission did not process any complaints in this area. 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

Generally, the Commission does not launch EU Pilot files in this area as other procedures exist 
which function in a way equivalent to EU Pilot. 

Accordingly,  in  2015  the  Commission  made  101  new  findings  in  the  area  of  traditional  own 
resources (there were 90 in 2014) and set 30 Value Added Tax (VAT) reservations1 (28 in 2014). 
No  Gross  National  Income  (GNI)  reservations  were  set  (28  in  2014).  Correspondingly,  677 
accounting  actions  for  traditional  own  resources  (789  in  2014)  and  305  for  VAT/GNI  (243  in 
2014) were generated for potential corrective payments (principal amounts and belated interest) 
by  Member  States.  Most  of  the  new  findings  were  solved  at  an  early  stage  in  bilateral 
discussions with Member States or in the Advisory Committee on Own Resources. 

2.  EU Pilot files: Member States’ combined resolution rate in 2011-2015 

The Commission did not process any EU Pilot files in this area. 

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases in 2015 

In 2015, the Commission opened one own-initiative infringement case (see below). 

IV. 

INFRINGEMENT CASES 

Key infringement cases and referrals to the Court 

a)  The one own-initiative infringement case opened by the Commission in 2015 

concerned: 

 

Belgium: national authorities’ request for the Commission to waive the collection of 
traditional own resources. However, the Commission takes the view that the 
authorities did not demonstrate that the entitlements were irrecoverable for reasons 
not attributable to them; 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2) TFEU. 

1   Council Regulation (EEC, Euratom) No 1553/89 and Council Regulation (EC, Euratom) 1150/2000. 

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Budget 

V.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

The Commission did not close any major infringement cases in 2015 in this area. 

VI. 

IMPORTANT JUDGMENTS 

1.  Court rulings2 

The Court ruled that: 

  Romania, Slovakia, Slovenia and Spain: a Commission letter inviting the Member States 
to pay own resources is not a measure against which an action for annulment may be 
brought.3 Appeals against this decision are pending before the Court of Justice.4 

2.  Preliminary rulings 

There were no major preliminary rulings in 2015 in this area. 

VII.  OUTLOOK 

Important implementation work in 2016 includes: 

  monitoring  the  correct  application  of  the  Regulation  on  own  resources.5  This  requires 
Member  States  to  submit  the  supporting  documents  necessary  for  financial  follow-up  to 
the  Commission  within  two  months  after  the  settlement  of  disputes.  This  is  expected  to 
accelerate the follow-up of Court judgments. 

2  
3  

These rulings are almost exclusively handed down on infringement procedures. 
Slovenia  v  Commission,  T-585/14;  Slovakia  v  Commission,  Cases  T-678/14  and  T-779/14;  Romania  v 
Commission, T-784/14; Spain v Commission, Т-841/14. 

4   Romania v Commission, Case C-599/15 P; Slovakia v Commission, Cases C-593/15 Ρ and C-594/15 P. 
5   Council Regulation (EU, Euratom) No 609/2014. 

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Climate action 

New complaints in the area of climate action rose slightly in 2015 but remained just below the 
levels  seen  until  2013.  The  number  of  new  EU  Pilot  files  decreased  from  2014's  peak.  The 
Commission opened nine new infringement cases.  

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

7 

6 

6 

5 

2011

2012

2013

2014

2015

1 

2.  Public complaints open a year-end 

0 

 5 

 1 

>  Complaints open at end-2014 

>  New complaints registered in 2015 

>  Complaints handled in 2015 

= 4 

>  Complaints open at end-2015 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

34 

21 

17 

21 

2011

2012

6 

2013

2014

2015

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Climate action 

2.  EU Pilot files open at year-end 

31  >  EU Pilot files open at end-2014 

 21  >  New EU Pilot files registered in 2015 

 36  >  EU Pilot files handled in 2015 

= 16  >  EU Pilot files open at end-2015 

3.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

73% 

68% 

70% 

96% 

100% 

75% 

75% 

53% 

2012

0% 

2011

22% 

2013

2014

2015

Climate action

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 
In 2015, the Commission opened own-initiative infringement cases concerning: 

failure to comply with reporting obligations prescribed by the EU climate acquis, 

 
  non-conformity  of  national  measures  with  the  Directives  on  fuel  quality1  and  the 

geological storage of carbon dioxide.2 

IV. 

INFRINGEMENT CASES 

Key infringement cases and referrals to the Court 

a)  The Commission opened nine new infringement cases in 2015 for non-communication 
of national measures transposing the Directive on the quality of petrol and diesel fuels.3 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

1   Directive 2009/30/EC. 
2   Directive 2009/31/EC. 
3   Directive 2014/77/EU. 

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Climate action 

V.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Poland: late transposition of the Directive extending the EU emissions trading scheme;4 
  Sweden  and  Poland:  late  transposition  of  the  Directive  on  the  geological  storage  of 

carbon dioxide.5 

VI. 

IMPORTANT JUDGMENTS 

1.  Court rulings6 

The Court ruled that: 

  Poland  failed  to  comply  with  the  Regulation  on  fluorinated  greenhouse  gases7  and  its 
implementing regulations.8 It has not notified to the Commission the required information 
on certification bodies, titles of certificates and penalties applicable to breaches of these 
provisions.9 

2.  Preliminary rulings 

There were no major preliminary rulings in 2015 in this area. 

VII.  OUTLOOK 

Important implementation work in 2016 includes: 

Checking the conformity of national measures with the Directives on:  

the emissions trading scheme (ETS),10  
fuel quality,11 and  

 
 
  geological storage of carbon dioxide.12 

These rulings are almost exclusively handed down on infringement procedures. 

4   Directive 2009/29/EC. 
5   Directive 2009/31/EC. 
6  
7   Regulation (EC) No 842/2006. 
8   Regulations (EC) no 303/2008, 304/2008, 305/2008, 306/2008, 307/2008 and 308/2008. 
9   Commission  v  Poland,  C-303/14.  Poland subsequently  adopted  the  necessary  legislative  measures  and  the 

Commission has closed the case.   

10   Directive 2009/29/EC. 
11   Directive 2009/30/EC. 
12   Directive 2009/31/EC. 

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Monitoring the Application of European Union Law - 2015 Annual Report 

Communications networks, content and technology 

In  2015  new  complaints  in  the  area  of  communications  networks,  content  and  technology 
jumped to their highest level in recent years. New EU Pilot files also increased after falling in 
the previous year to their lowest point since 2011. The number of infringement cases pending 
at the end of 2015 increased as well, but was half the level reached in 2011. The Commission 
opened 17 new late transposition cases, the first since 2011.  

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015)1 

78 

28 

2012

32 

2013

18 

2014

2015

2.  Public complaints open a year-end 

23  >  Complaints open at end-2014 

 78  >  New complaints registered in 2015 

 32  >  Complaints handled in 2015 

= 69  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

78 complaints in 2015 

Copyright 
12 

Audio-visual 
8 

eCommerce 
2 
eSignatures 
2 
ePrivacy and 
security 
2 

Public sector 
information 
2 

Electronic 
communication 
50 

1   No historical data are available for this area for 2011. 

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Communications networks, content and technology 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

61 

52 

34 

2011

2012

2013

12 

2014

2.  EU Pilot files open at year-end 

30 

2015

38  >  EU Pilot files open at end-2014 

 30  >  New EU Pilot files registered in 2015 

 23  >  EU Pilot files handled in 2015 

= 45  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

30 EU Pilot files opened in 2015 

Copyright 
1 

Electronic 
communications 
29 

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Communications networks, content and technology 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

87% 

73% 

68% 

70% 

59% 

52% 

75% 

75% 

74% 

56% 

2011

2012

2013

2014

2015

Communication networks, content and technology

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

The  Commission  opened  own-initiative 
communications in 2015. 

IV. 

INFRINGEMENT CASES 

infringement  cases  concerning  electronic 

1.  Infringement cases open on 31 December (2011-2015) 

62 

24 

20 

2011

2012

2013

31 

2015

14 

2014

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Communications networks, content and technology 

2.  Infringement cases open on 31 December 2015: main policy sectors  

31 infringement cases in 2015 

Audiovisual 
4 

Electronic 
communications 
4 

Copyright 
6 

Public sector 
information 
17 

3.  New infringement cases opened in 2015: main policy sectors 

18 new infringement cases in 2015 

Electronic 
communications 
1 

Public sector 
information 
17 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  18  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

 

Luxembourg,  Poland:  non-communication  of  measures  transposing  the  Directive 
on orphan works into national legislation;2 

  Czech  Republic:  non-conformity  of  the  general  authorisation  regime  for  electronic 
communications with the provisions of the Authorisation Directive,3 in particular the 
requirement to establish legal residence;4 
Portugal: non-conformity of national law with the general principles of transparency, 
least  market  distortion,  non-discrimination  and  proportionality  as  set  out  in  the 
Universal Service Directive.5 

 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

2 Directive 2012/28/EC; MEMO/15/5053. 
3 Directive 2002/20/EC. 
4 MEMO/15/4871. 
5 Directive 2002/22/EC. 

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Communications networks, content and technology 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

39 

17 

0 

0 

0 

2011

2012

2013

2014

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

The  Commission  opened  17  new  late  transposition  infringement  cases  in  the  area  of  public 
sector information6 (see below). 

3.  Key infringement cases and referrals to the Court 

a)  Most of the 17 cases for late transposition opened in 2015 concern: 

 

late transposition of the Directive on the re-use of public sector information.7 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Belgium:  breach  of  the  independence  requirements  for  national  regulatory  authorities 
under the Framework Directive for electronic communications networks and services;8 
  Bulgaria:  the  powers  of  the  national  regulatory  authorities  to  impose  penalties.  These 
for  electronic 

raised  questions  of  conformity  with 
the  Framework  Directive 
communications networks and services and the Authorisation Directive.9 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings10 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 

In preliminary rulings, the Court: 

  Austria:  provided  clarification  on  ‘programme’  and  ‘principal  purpose’  as  defined  in  the 
Audiovisual  Media  Services  Directive.  11  The  Court  also  stated  that  the  Authorisation 

6   Directive 2013/37/EU. 
7   Directive 2013/37/EU. 
8   Directive 2002/21/EC. 
9   Directives 2002/21/EC and 2002/20/EC. 
10   These rulings are almost exclusively handed down on infringement procedures. 

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Communications networks, content and technology 

Directive12  should  be  interpreted  as  meaning  that  an  undertaking  is  ‘affected’  by  a 
national  regulatory  authority  decision  and  has  the  right  of  appeal  against  that  decision 
under  certain  circumstances.13  Changes  in  charges  following  a  price  adjustment  clause 
contained in an undertaking’s standard terms and conditions and operating by reference 
to  a  consumer  price  index  compiled  by  a  public  institution  does  not  constitute  a 
‘modification  to  the  contractual  conditions’  under  the  Universal  Service  Directive14  that 
would give the subscriber the right to withdraw from the contract without penalty;15 

  Belgium:  ruled  that  a  tax  imposed  on  owners  of  pylons  or  masts  intended  for  a  mobile 
telecoms network is not covered by the Authorisation Directive16. This is because the tax 
is not a fee imposed on undertakings providing electronic communications networks and 
services  in  return  for  the  right  to  install  facilities.17  The  Directive  must  be  interpreted  as 
not precluding: 

 1. a charge on mobile telephony antennae installed being imposed  on any natural 
or legal persons who are proprietors of a 'right in rem' over, or of a right to operate, 
a mobile telephony antenna;18 and  
2.  a  charge  being  imposed  on  any  natural  or  legal  person  operating  mobile 
telephony network transmission and reception pylons and units;19 

  Belgium:  ruled  that,  regarding  the  term  ‘fair  compensation’  to  be  paid  to  right  holders 
under  the  Copyright  Directive,20  the  system  has  to  ensure  that  the  compensation  paid 
corresponds to the actual harm caused;21   

  Belgium:  ruled  that  the  Universal  Service  Directive  does  not  lay  down  a  social  pricing 
obligation  for  mobile  communications  and  mobile  internet  subscriptions.22  By  contrast, 
social tariffs must be offered to certain categories of consumers for fixed telephone and 
internet subscriptions;23 

  Czech  Republic:  ruled  that  Articles  12  and  13  of  the  Universal  Service  Directive24  are 

unconditional and sufficiently precise to be recognised as having direct effect;25 

  Denmark: ruled that the Copyright Directive26 does not preclude national legislation which 
provides  for  fair  compensation  under  the  exception  to  the  reproduction  right  for  copies 
made for private use for multi-functional media such as mobile phone memory cards;27   
  Netherlands:  ruled  that  national  regulatory  authorities  are  allowed  to  impose  a  tariff 
obligation  under  the  Universal  Service  Directive28  to  remove  an  obstacle  to  calling  non-
geographic numbers within the EU where this is necessary for end-users to access such 
numbers;29 

  Poland:  ruled  that  a  national  regulatory  authority  must  follow  the  EU  consolidation 
procedure  if,  in  resolving  a  dispute,  it  intends  to  impose  obligations  for  access  to  non-
geographic  numbers  under  Article  28  of  the  Universal  Service  Directive30  and  those 
obligations  may  affect  trade  between  Member  States.  A  regulatory  authority's  measure 
ensuring end-users’ access to non-geographic numbers under Article 28 of the Directive 

11   Directive 2010/13/EU; Walcher Messtechnik v OHIM, C-374/14. 
12   Directive 2002/20/EC. 
13   T-Mobile Austria, C-282/13. 
14   Directive 2002/22/EC. 
15   Verein für Konsumenteninformation v A1 Telekom Austria AG, C-326/14 and Court press release No 142/15. 
16   Directive 2002/20/EC. 
17   Base, C-346/13. 
18   Proximus, C-454/13. 
19   Proximus, C-517/13. 
20   Directive 2001/29/EC. 
21   Hewlett-Packard Belgium, C-572/13. 
22   Directive 2002/22/EC. 
23   Base Company and Mobistar, C-1/14 and Court press release No 68/15. 
24   Directive 2002/22/EC. 
25   T-Mobile Czech Republic and Vodafone Czech Republic, C- 508/14. 
26   Directive 2001/29/EC. 
27   Copydan Båndkopi, C-463/12. 
28   Directive 2002/22/EC. 
29   KPN, C-85/14. 
30   Directive 2002/22/EC. 

19 

 
 
 
                                                                                                                                                     
Monitoring the Application of European Union Law - 2015 Annual Report 
Communications networks, content and technology 

affects trade between Member States if it may have, other than in an insignificant manner, 
an influence, direct or indirect, actual or potential, on that trade;31 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  continuing  to  monitor  the  correct  implementation  of  structural  elements  of  legislation  in 

the electronic communication sector. These include :  

  structural  elements  of 

the 
independence of national regulatory authorities, compliance with consultation procedures 
and  deadlines  in  the  market  review  process,  spectrum  management,  and  freedom  of 
establishment; 

the  electronic  communication  sector: 

legislation 

in 

  provisions  crucial  for  the  internal  market  in  audiovisual  services,  such  as  the  country  of 

 

origin principle and the freedom of reception; 
further monitoring Member States' transposition of new EU law instruments, including the 
Directive on the re-use of public sector information;32 

  monitoring application of the Directive on collective management of copyright and related 
rights and multi-territorial licensing of rights in musical works for online use in the internal 
market,  as  well  as  of  the  Directive  on  measures  to  reduce  the  cost  of  deploying  high-
speed electronic communications networks;33 
further checking the compliance of national measures implementing the Directive on the 
re-use of public sector information, in particular on the following issues:  

 

 

 
 
 

reusability  of  all  accessible  public  data  not  covered  by  one  of  the 
exceptions;  
inclusion of libraries, museums and archives in the scope;  
limitation of any charges for the re-use of documents to marginal costs; and  
the transparency of the charging rules and conditions applying to re-use of 
public sector data.34 

  monitoring  Member  States'  compliance  with  the  Regulation  on  open  internet  access, 

whose general entry into force is in April 2016;35 
follow-up  on  developments  which  may  have  a  significant  effect  on  enforcement  policy, 
including  any  legislative  proposals  for  reforms  in  the  context  of  REFIT  exercises  on 
electronic communications and audio-visual media services.  

 

31   Prezes Urzędu Komunikacji Elektronicznej and Telefonia Dialog, C-3/14. 
32   Directive 2013/37/EU. 
33   Directive 2014/26/EU and Directive 2014/61/EU. 
34   Directive 2003/98/EC. 
35   Regulation 2015/2120. 

20 

 
 
 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 

Competition 

In  2015  the  Commission  received  the  highest  number  of  new  complaints  in  the  area  of 
competition since 2011. By contrast, few EU Pilot files and new infringement procedures were 
opened, and no late transposition cases. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

53 

57 

44 

35 

2011

2012

34 

2013

2014

2015

2.  Public complaints open at year-end 

20  >  Complaints open at end-2014 

 57  >  New complaints registered in 2015 

 52  >  Complaints handled in 2015 

= 25  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

57 complaints in 2015 

Transport 
3 

Internal market 
3 

Health and 
consumers 
4 

Agriculture/food 
5 

Other 
11 

State aid 
31 

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Competition 

II.  EU PILOT 

1.  EU Pilot files open at year-end 

6  >  EU Pilot files open at end-2014 

4  >  New EU Pilot files registered in 2015 

7  >  EU Pilot files handled in 2015 

= 3  >  EU Pilot files open at end-2015 

2.  New EU Pilot files opened in 2015: main policy sectors 

4 EU Pilot files opened in 2015 

Communications 
network 
1 

Energy 
1 

Agriculture/food 
2 

3.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

100% 

73% 

2011

no files  
assesed in 2012 

80% 

70% 

2013

68% 

2012

100% 

86% 

75% 

75% 

2014

2015

Competition

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases in 2015 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  breach of antitrust rules and recovery of illegal State aids. 

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Competition 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December 2015: main policy sectors 

12 infringement cases in 2015 

Transport 
2 

Communications 
network 
2 

Energy 
2 

Employment 
1 

Other 
5 

2.  Key infringement cases and referrals to the Court 

a)  The Commission opened two new infringement cases in 2015. These concern: 

 

 

France: privileged rights granted to a publicly owned company to operate the vast 
majority of the country’s hydropower concessions; 
Italy:  failure  to  fully  recover  State  aid  illegally  granted  to  the  Sardinian  shipping 
sector in the form of loans and leases. 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2) TFEU. 

V.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

The sole case concerned: 

  Hungary: legislative provisions limiting the powers of the Hungarian National Competition 
Authority to impose sanctions for anti-competitive agreements on agricultural products. 

VI. 

IMPORTANT JUDGMENTS 

1.  Court rulings1 

The Court ruled that: 

  Bulgaria:  the  procedure  followed  by  Bulgaria  in  assigning  rights  of  use  for  digital 
frequencies  was  based  on  disproportionately  restrictive  award 
the  exclusion  of  potential  candidates  and  hampered 
led 

terrestrial  (‘DTT’) 
conditions.  These 
competition;2 
Italy: despite a first judgment that Italy had failed to fulfil its obligations, delivered by the 
Court of Justice in 2011, Italy has still not recovered aid granted between 1995 and 1997 
to certain firms in Venice and Chioggia. The Court of Justice ordered Italy to pay a lump 

to 

 

These rulings are almost exclusively handed down on infringement procedures. 

1  
2   Commission v Bulgaria, C-376/13. 

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Competition 

sum  of  EUR  30  million  and  a  penalty  of  EUR  12  million  per  half-year  of  delay  in 
recovering the aid.3 

2.  Preliminary rulings 

There were no major preliminary rulings in 2015 in this area. 

VII.  OUTLOOK 

Important implementation work in 2016 includes: 

  monitoring  the  timely  transposition  into  national  law  of  the  provisions  of  the  Antitrust 

Damages Directive.4 

3   Commission v Italy, C-367/14 and Court press release No 103/15. 
4   Directive 2014/104/EU. 

24 

 
 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 

Employment, social affairs and inclusion 

In  2015  new  complaints  in  the  area  of  employment,  social  affairs  and  inclusion  fell  after 
increasing steadily since 2011. New EU Pilot files followed the same pattern. The number of 
pending  infringement  cases  peaked  at  the  end  of  2015,  while  late  transposition  cases  fell 
slightly.  

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

666 

612 

470 

268 

309 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

467 

>  Complaints open at end-2014 

 612 

>  New complaints registered in 2015 

 663 

>  Complaints handled in 2015 

= 416 

>  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

612 complaints in 2015 

Labour law 
316 

Social security 
158 

Disability and 
equal treatment 
in employment 
and occupation 
53 

Other 
85 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Employment, social affairs and inclusion 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

61 

62 

68 

35 

40 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

32  >  EU Pilot files open at end-2014 

 40  >  New EU Pilot files registered in 2015 

 39  >  EU Pilot files handled in 2015 

= 33  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

40 EU Pilot files opened in 2015 

Other 
1 

Free movement 
of workers 
6 

Health and 
safety at work 
9 

Labour law 
14 

Social security 
10 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Employment, social affairs and inclusion 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

79% 

73% 

68% 

64% 

70% 

59% 

75% 

75% 

72% 

46% 

2011

2012

2013

2014

2015

Employment policies

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases in 2015 

In  2015,  the  Commission  did  not  open  own-initiative  infringement  in  the  area  of  employment, 
social affairs and inclusion. 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

73 

75 

72 

62 

60 

2011

2012

2013

2014

2015

27 

 
 
 
 
 
Monitoring the Application of European Union Law - 2015 Annual Report 
Employment, social affairs and inclusion 

2.  Infringement cases open on 31 December 2015: main policy sectors 

75 infringement cases in 2015 

Social security 
15 

Labour law 
39 

Health and 
safety at work 
11 

Other 
10 

3.  New infringement cases opened in 2015: main policy sectors 

25 new infringement cases in 2015 

Labour law 
6 

Social security 
3 

Free movement 
of workers 
2 

Health and 
safety at work 
14 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  25  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

 

 

France:  excluding  workers  with  assisted  contracts  (‘contrats  aidés’)  from  the 
calculation  of  the  headcount  of  companies.  This  was  considered  contrary  to  the 
Directive  on  information  and  consultation  of  employees1,  as  it  makes  it  less  likely 
that staff representation bodies can be set up;  
France: ensuring the principle of unity in applying the social security contribution on 
income from real estate of EU-officials outside the French social security system; 
  Germany: non-conformity with the Working Time Directive2 by applying a 12-month 
reference  period  for  limiting  average  weekly  working  time  to  48  hours  for  civil 
servants. The Directive provides for a 4-month reference period; 

  Belgium,  Croatia,  Cyprus,  the  Czech  Republic,  France,  Germany,  Greece, 
Hungary,  Ireland,  Italy,  Latvia,  Luxembourg,  Netherlands  and  Slovenia:  failure  to 
notify the national measures transposing the Directive3 on the alignment of several 

1   Directive 2002/14/EC. 
2   Directive 2003/88/EC. 
3   Directive 2014/27/EU. 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Employment, social affairs and inclusion 

EU health and safety at work directives to the Regulation on classification, labelling 
and packaging of substances and mixtures;4 
Spain:  incorrect  implementation  of  the  Working  Time  Directive’s  provisions  on 
minimum paid annual leave for public sector workers;5 
Spain: non-transposition of the time limit for night work (eight hours maximum) orks 
involving special hazards or heavy strain for workers and the police. In addition, no 
sufficiently  effective  procedure  seems  to  be  in  place  for  police  employees  to 
request daytime work for health-related reasons;6 
Spain: non-compliance with the Fixed-Term Work Directive, as in the Commission's 
view, fixed-term officials are treated less favourably than permanent officials.7 

 

 

 

c)  The Commission referred one case to the Court under Article 258 TFEU. It concerned: 

 

Belgium:  national  rules  may  subject  a  posted  worker  to  Belgian  social  security 
legislation under certain circumstances. Such rules are considered contrary to the 
Regulation on the coordination of social security systems.8 

d)  The Commission did not refer any cases to the Court under Article 260(2) TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

25 

17 

13 

17 

14 

2011

2012

2013

2014

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

The Commission’s action in opening infringement procedures for late transposition of directives 
applied only to health and safety at work.9 

3.  Key infringement cases and referrals to the Court 

a)  All 14 of the cases for late transposition the Commission opened in 2015 concerned: 

 

the Directive10  on the alignment of several EU health and safety at work directives 
to  the  Regulation  on  classification,  labelling  and  packaging  of  substances  and 
mixtures;11  

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

4   Regulation (EC) No 1272/2008 
5   Directive 2003/88/EC; MEMO/15/5053. 
6   MEMO/15/5053. 
7   Directive 1999/70/EC.. 
8   Regulation (EC) No 883/2004; Commission v Belgium, C-356/15. 
9   Directive 2014/27/EU. 
10   Directive 2014/27/EU. 
11   Regulation (EC) No 1272/2008. 

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Employment, social affairs and inclusion 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Austria: incorrect transposition of the Health and Safety at Work Framework Directive at 
the  level  of  the  provinces  of  Salzburg  and  Lower  Austria.  Several  acts  correcting  the 
errors identified were adopted at that level and have entered into force;12 

 

 

  Austria: incomplete transposition of the Council Directive implementing the social partners 
Framework  Agreement  on  the  prevention  from  sharp  injuries  in  the  hospital  and 
healthcare sector;13 
Ireland:  national  rules  that  were  incompatible  with  the  Working  Time  Directive  in  that 
annual leave was not accrued when employees were on sick leave and this annual leave 
was lost if not taken due to illness. The rules have since been changed;14 
Italy:  incorrect  transposition  of  the  Health  and  Safety  at  Work  Framework  Directive. 
Legislative amendments have been adopted to resolve this;15 
Italy : incorrect transposition of the Construction Sites Directive16 as regards the scope of 
application  of  the  national  implementing  measures.  Legislative  amendments  have  been 
adopted to resolve the issue; 
Italy: exclusion of health care staff from the right to maximum weekly working hours and 
minimum  daily  rest  periods.  This  exclusion  has  now  been  removed  in  order  to  comply 
with the Working Time Directive;17 
Italy:  discriminatory  treatment  of  fixed-term  school  staff  and  abuse  of  fixed-term 
employment. National authorities adopted the ‘Buona Scuola’ schools reform to eliminate 
such treatment; 

 

 

 

  Poland:  discriminatory  treatment  of  fixed-term  employees  and  a  lack  of  effective 

measures  to  prevent  abusive  successions  of  fixed-term  employment  contracts.  The   
concerns identified were remedied following a reform of the Labour Code; 

  Spain: incorrect application of the Health and Safety at Work Framework Directive.18 The 

regional authorities in Andalusia adopted measures to remedy this. 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings19 

The Court ruled that: 

  Belgium: requiring proof of language knowledge from candidates for local services posts 
by means of one particular type of certificate, issued only by one particular Belgian body 
following  an  examination  conducted  by  that  body,  infringes  workers’  right  of  free 
movement;20 

  Greece  failed  to  comply  with  the  Working  Time  Directive  by  making  it  possible  for  the 
working week of doctors to exceed the 48-hour limit, without properly taking into account 
their on-call hours. The possibility of postponing doctors’ 24-hour rest period until a week 
after their on-call period also failed to comply with the Directive; 21 
Ireland:  the  Commission  did  not  provide  sufficient  evidence  that  Ireland  had  failed  to 
respect  the  Working  Time  Directive  over  non-consultant  hospital  doctors’  minimum  rest 
periods and weekly working time. The case concerned their collective agreement and the 
standard contract of employment;22 

 

12   Directive 89/391/EEC. 
13   Directive 2010/32/EU. 
14   Directive 2003/88/EC. 
15   Directive 89/391/EEC. 
16   Directive 92/57/EEC. 
17   Directive 2003/88/EC. 
18   Directive 89/391/EEC. 
19   These rulings are almost exclusively handed down on infringement procedures. 
20   Commission v Belgium, C-317/14. 
21   Commission v Greece, C-180/14 and Court press release No 152/15. 
22   Commission v Ireland, C-87/14 and Court press release No 80/15. 

30 

 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Employment, social affairs and inclusion 

  Luxembourg:  the  absence  of  measures  preventing  the  abuse  of  successive  fixed-term 
employment  contracts  in  the  case  of  occasional  workers  in  the  entertainment  arts 
infringes the Fixed-Term Work Directive;23 

  Slovakia:  entitling  only  Slovak  residents  to  the  Christmas  bonus  does  not  infringe  the 
Social  Security  Regulation  as  the  bonus  is  not  paid  exclusively  to  recipients  of  old-age 
pensions;24 

  Slovakia: entitling only Slovak residents to the disabled persons’ benefit does not infringe 
the  Social  Security  Regulation  as  the  competent  authority  is  able  to  take  into 
consideration  the  claimant’s  personal  circumstances,  in  addition  to  objective  criteria, 
when granting the benefit.25 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  France:  people  admitted  to  a  work  rehabilitation  centre  and  carrying  out  activities  there 
must be considered as workers. They are therefore entitled to minimum paid annual leave 
under  the Working Time Directive and the EU’s Charter of Fundamental Rights;26 

  France:  the  income  of  migrant  workers,  from  professional  activity  or  from  assets  in  the 
Member  State  of  employment,  cannot  be  made  subject  to  social  contributions  in  the 
Member State of residence if social contributions were paid in the former Member State;27 
  Germany:  under  the  Directive  on  collective  redundancies,  a  person  who  performs 
services  for  and  under  the  direction  of  another  person  and  receives  remuneration  in 
return  must  be  considered  as  a  ‘worker’.  Consequently,  certain  managing  directors  and 
certain trainees may also count as ‘workers’;28 

  Germany:  Member  States  can  exclude  jobseekers  from  social  assistance  benefits  who 
are either first-time jobseekers or who, after having worked for less than one year in the 
host Member State, no longer retain the status of a worker;29 

  Spain:  for  workers  without  a  fixed  or  habitual  workplace,  the  journeys  made  from  their 
homes to the first customer and from the last customer to their homes constitute working 
time;30 

  Spain: the rule that takes the undertaking (and not the establishment) as the only criterion 
to  determine  whether  dismissals  constitute  a  collective  redundancy  is  contrary  to  the 
Directive  on  collective  redundancies  where  this  deprives  workers  of  their  right  to 
information and consultation;31 

  Spain:  any  termination  of  an  employment  contract  not  sought  by  the  worker  is  a 
‘redundancy’ within the meaning of the Directive on collective redundancies. This includes 
cases where the worker agrees to the termination following a substantial worsening of his 
working conditions imposed by the employer;32 

  United  Kingdom:  in  calculating  the  leave  entitlement  of  a  part-time  worker  who  has 
increased  his  or  her  working  hours,  Member  States  may  decide  whether  the  leave 
already  accumulated  by  that  worker  should  be  adjusted  proportionally  to  the 
increased working hours;33 

23   Commission v Luxembourg, C-238/14. 
24   Commission v Slovakia, C-361/13. 
25   Commission v Slovakia, C-433/13. 
26   Fenoll, C-316/13. 
27   de Ruyter, C-623/13 and Court press release No 22/15. 
28   Balkaya, C-229/14. 
29   Alimanovic, C-67/14. 
30   Federación  de  Servicios  Privados  del  sindicato  Comisiones  obreras,  C-266/14  and  Court  press  release  No 

99/15. 

31   Rabal Cañas, C-392/13 and Court press release No 55/15. 
32   Pujante Rivera, C-422/14. 
33   Greenfield, C-219/14. 

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Employment, social affairs and inclusion 

  United  Kingdom:  the  Directive  on  collective  redundancies  obliges  employers  to  inform 
and  consult  staff  ahead  of  collective  redundancies  only  if  at  least  20  workers  are 
dismissed in a single establishment, and not in the whole company.34 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  giving priority to checking that Member States transpose the following Directives on time 

and correctly: 

  Health  and  safety  at  work:  the  Directive  on  the  minimum  health  and  safety 
requirements  regarding  the  exposure  of  workers  to  the  risks  arising  from 
electromagnetic fields.35 The transposition deadline is 1 July 2016.  

  Free movement of workers and posting of workers: the Directives on measures 
facilitating the exercise of the right to freedom of movement for workers and on 
the  enforcement  of  the  Posting  of  Workers  Directive.  The  transposition 
deadlines are 21 May and 18 June 2016, respectively.  

  as  regards  social  security,  the  Commission  intends  to  pay  close  attention  to  the 
judgments  in  cases  C-12/14  (Commission  vs  Malta)  and  the  expected  judgement  C-
308/14 (Commission vs UK). The first relates to statutory pensions. The second concerns 
the  requirement  to  have  a  ‘right  to  reside’  in  the  UK  in  order  to  access  some  social 
security benefits. 

34   USDAW and Wilson, C-80/14 and Lyttle and Others, C-182/13. 
35   Directive 2013/35/EU. 

32 

 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 

Energy 

In  2015  new  complaints  in  the  area  of  energy  reached  their  highest  level  since  2011,  while 
new EU Pilot files fell for the first time in five years. The number of infringement cases pending 
at  the  end  of  2015  was  steady  but  new  late  transposition  cases  eased  back  to  their  lowest 
since 2011. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

71 

72 

67 

57 

91 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

83 

>  Complaints open at end-2014 

 91 

>  New complaints registered in 2015 

 84 

>  Complaints handled in 2015 

= 90 

>  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

91 complaints in 2015 

Internal energy 
market and 
consumer 
protection 
27 

Energy 
efficiency 
38 

Renewable 
energy 
18 

Other 
8 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Energy 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

124 

105 

88 

50 

24 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

69  >  EU Pilot files open at end-2014 

88  >  New EU Pilot files registered in 2015 

 62  >  EU Pilot files handled in 2015 

= 95  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

89 EU Pilot files opened in 2015 

Other 
9 

Radioactive 
waste 
12 

Energy 
efficiency  
52 

Internal energy 
market and 
consumer 
protection 
16 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Energy 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

86% 

73% 

90% 

82% 

75% 

75% 

68% 

70% 

71% 

45% 

2011

2012

2013

2014

2015

Energy

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  non-conformity  of  national  legislation  transposing  the  Third  Energy  Package  directives 

and the Energy Performance of Buildings Directive;1 

  major  reporting  obligations  under  the  Energy  Efficiency  Directive,  the  Security  of  Gas 

Supply Regulation and the Radioactive Waste Directive.2 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

149 

93 

95 

71 

73 

2011

2012

2013

2014

2015

1   Directive 2009/72/EC, Directive 2009/73/EC, Directive 2010/31/EU . 
2   Directive 2012/27/EU, Regulation (EU) No 994/2010, Directive 2011/70/Euratom. 

35 

 
 
 
 
 
                                                
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Energy 

2.  Infringement cases open on 31 December 2015: main policy sectors 

73 infringement cases in 2015 

Other 
14 

Energy 
efficiency 
34 

Internal energy 
market and 
consumer 
protection 
10 

Offshore safety 
15 

3.  New infringement cases opened in 2015: main policy sectors 

39 new infringement cases in 2015 

Other 
7 

Offshore safety 
15 

Internal energy 
market 
7 

Energy 
efficiency 
10 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  39  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

 

 

Austria,  Belgium,  Bulgaria,  Croatia,  Cyprus,  Czech  Republic,  Estonia,  Finland, 
France,  Germany,  Hungary,  Ireland,  Latvia,  Lithuania,  Luxembourg,  Netherlands, 
Poland,  Portugal,  Romania,  Slovenia,  Spain:  late  transposition  of  the  Energy 
Efficiency Directive;3 
Austria, Italy, Netherlands, Poland: late transposition of the Energy Performance of 
Buildings Directive;4 
France: late transposition of the Radioactive Waste Directive;5 

 
  Hungary,  Slovenia:  failure  to  submit  a  national  energy  efficiency  action  plan  and 

building renovation strategy under the Energy Efficiency Directive;6 

3   Directive  2012/27/EU,  MEMO/15/4489,  MEMO/15/4871,  MEMO/15/5162,  MEMO/15/5657,  MEMO/15/5826, 

MEMO/15/6006 and IP/15/5196. 

4   Directive 2010/31/EU, MEMO/15/5162 and MEMO/15/4871. 
5   Directive 2011/70/Euratom and MEMO/15/6006. 
6   MEMO/15/4666, MEMO/15/4489 and Directive 2012/27/EU. 

36 

 
 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Energy 

 

 

 
 

Poland:  discriminatory  treatment  of  second-generation  biofuels,  counter  to  the 
requirements of the Renewable Energy Directive;7 
Portugal:  failure  to  correctly  transpose  the  Energy  Performance  of  Buildings 
Directive;8 
Spain, United Kingdom: late transposition of the Oil Stocks Directive.9 
Spain:  incorrect  transposition  of  the  biofuels  sustainability  requirements  of  the 
Renewable Energy Directive;10 

  United Kingdom: failure to ensure energy performance certificates are displayed in 
buildings frequently visited by the public as required by the Energy Performance of 
Buildings Directive.11 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

121 

24 

33 

2011

2012

2013

25 

2014

22 

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

22 new late transposition infringement cases in 2015 

Offshore safety 
15 

Oil stocks 
4 

Energy 
efficiency 
3 

7   MEMO/15/4871 and Directive 2009/28/EC. 
8   MEMO/15/6223 and Directive 2010/31/EU. 
9   Directive 2009/119/EC and MEMO/15/5162. 
10   MEMO/15/4666 and Directive 2009/28/EC. 
11   MEMO/15/5162 and Directive 2010/31/EU. 

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Energy 

3.  Key infringement cases and referrals to the Court 

a)  The Commission opened 22 cases for late transposition in 2015. Most concern: 

 

late transposition of the Offshore Safety Directive.12 

b)  The Commission referred one case to the Court under Articles 258 and 260(3) TFEU. It 

concerns: 

  Greece:  non-communication  of  national  measures 

transposing 

the  Energy 

Efficiency Directive.13 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Austria, Poland: failure to fully transpose the Renewable Energy Directive;14 
  Belgium,  Finland:  incomplete  transposition  of  the  Energy  Performance  of  Buildings 

Directive;15 
Ireland: incomplete transposition of the Electricity Directive.16 

 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings17 

The Court ruled that: 

  Poland:  Poland's  regulated  prices  for  gas  for  non-household  customers  did  not  comply 

with the requirements of the Gas Directive (Third Energy Package).18 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Germany:  the  German  nuclear  fuel  tax  is  compatible  with  EU  law  (Energy  Taxation 

Directive, Euratom Treaty, State aid rules);19 

  Hungary: the Second Energy Package, interpreted in the light of Article 47 of the Charter 
of Fundamental Rights, requires national authorities to allow certain market operators to 
challenge decisions by the national regulatory authorities;20 

  Sweden: the Swedish tax on the thermal power of nuclear reactors is compatible with EU 

law as it falls outside the scope of the Energy Taxation Directive.21 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

 

continuing checks that Member States fully implement the requirements of Article 7 of the 
Energy  Efficiency  Directive.22  Infringement  procedures  will  be  systematically  opened  in 
cases of non-compliance; 
checking that the Radioactive Waste Directive is transposed by  Member States on time 
and correctly.23 

12   Directive 2013/30/EU. 
13   Directive 2012/27/EU, Commission v Greece, C-540/15; IP/15/5196. 
14   Directive 2009/28/EC and IP/15/4499. 
15   Directive 2010/31/EU. 
16   Directive 2009/72/EC. 
17   These rulings are almost exclusively handed down on infringement procedures. 
18   Commission v Poland, C-36/14. 
19   Kernkraftwerke Lippe-Ems, C-5/14 and Court press release No 62/15. 
20   E.ON Földgáz Trade, C-510/13. 
21   OKG, C-606/13. 
22   Directive 2012/27/EU. 
23   Directive 2011/70. 

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Environment 

The number of new complaints in this area fell considerably, continuing the decline seen since 
2011. New EU Pilot files also dropped substantially, reaching their lowest level for five years. 
Infringement cases open at the end of the year decreased for the second consecutive year, to 
a  level  almost  equalling  the  low  recorded  in  2012.  Late  transposition  cases  also  fell  for  the 
second straight year, but remained above their 2011 and 2012 levels. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

604 

588 

520 

508 

363 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

557  >  Complaints open at end-2014 

 363  >  New complaints registered in 2015 

 486  >  Complaints handled in 2015 

= 434  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

363 complaints in 2015 

Nature 
protection  
128 

Impact 
assessments 
58 

Waste 
management 
33 

Other 
144 

39 

 
 
 
 
 
 
 
Monitoring the Application of European Union Law - 2015 Annual Report 
Environment 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

358 

386 

279 

207 

2011

2012

2013

2014

101 

2015

2.  EU Pilot files open at year-end 

390  >  EU Pilot files open at end-2014 

101  >  New EU Pilot files registered in 2015 

193  >  EU Pilot files handled in 2015 

= 298  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

101 EU Pilot files opened in 2015 

Nature 
protection 
26 

Water protection 
and 
management 
18 

Air quality 
15 

Other 
42 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

87% 

73% 

74% 

74% 

79% 

76% 

68% 

70% 

75% 

75% 

2011

2012

2013

2014

2015

Environment

General rate for all policy areas

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Monitoring the Application of European Union Law - 2015 Annual Report 
Environment 

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  non-compliance  with  key  obligations  under  the  Waste  Framework  Directive  and  the 

Landfill Directive;1 
shortcomings in completion of the Natura 2000 network of nature protection areas; 

incorrect transposition and application of the Marine Strategy Framework Directive;3 

 
  non-compliance with the Water Framework Directive;2 
 
  non-compliance with the Urban Waste Water Treatment Directive;4 
incorrect transposition and application of the Air Quality Directive;5 
 
incorrect application of the Environmental Noise Directive;6 
 
  non-compliance with EU rules to counter the trade in illegally harvested timber. 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

322 

334 

299 

272 

276 

2011

2012

2013

2014

2015

2.  Infringement cases open on 31 December 2015: main policy sectors 

276 infringement cases in 2015 

Other 
98 

Water protection 
and management 
73 

Nature 
protection 
50 

Waste 
management 
55 

1   Directives No 2008/98/EC and 1999/31/EC.  
2   Directive 2000/60/EC. 
3   Directive 2008/56/EC. 
4   Directive 91/271/EEC. 
5   Directive 2008/50/EC. 
6   Directive 2002/49/EC. 

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Environment 

3.  New infringement cases opened in 2015: main policy sectors 

126 new infringement cases in 2015 

Waste  
management 
58 

Water protection 
and management 
24 

Chemicals 
21 

Other 
23 

4.  Key infringement cases and referrals to the Court 

a)  The Commission opened 126 new infringement cases in 2015. These, and other major 

ongoing infringement cases, concern: 

 

  Croatia, Cyprus, France, Italy, Romania and Slovenia: lack of waste management 
plans  and  waste  prevention  programmes  required  under  the  Waste  Framework 
Directive;7 
Italy  and  Romania:  failure  to  ensure  that  waste  landfills  operate  in  line  with  EU 
standards;8 
Belgium,  Germany,  Greece,  Ireland,  Italy,  Portugal,  Spain  and  United  Kingdom: 
bad  application  of  the  Habitats  Directive  as  regards  designating  special  areas  of 
conservation and establishing the necessary conservation measures;9 

 

  United Kingdom: non-compliant transposition of the Water Framework Directive;10 
  Czech Republic,11 France12 and Sweden:13 non-respect of the PM10

14 limit values in 

the Air Quality Directive;15 
France, Germany, Italy, Portugal and Spain: non-respect of the NO2 limit values in 
the Air Quality Directive;16 

 

  Greece,17  Hungary,18  Romania  and  Spain:19  failure  to  implement  the  EU  Timber 
Regulation and the Forest Law Enforcement, Governance and Trade Regulation.20 

b)  The Commission referred 11 cases to the Court under Article 258 TFEU. They concern: 
Bulgaria: non-respect of the PM10 limit values in the Air Quality Directive;21 
France: inadequate urban waste water treatment in smaller agglomerations;22 

 
 

7   Directive No 2008/98/EC. 
8   MEMO/15/5162 and MEMO/15/5657. 
9   Directive No 92/43/EEC. 
10   Directive 2000/60/EC, MEMO/15/5826. 
11   MEMO/15/4666. 
12   MEMO/15/4871. 
13  
IP/15/5197. 
14   PM10  is  an  air  pollutant  consisting  of  small  particles  with  an  aerodynamic  diameter  less  than  or  equal  to  a 
nominal  10  micrometres.  The  particles’  small  size  allows  them  to  penetrate  deep  into  the  lungs  where  they 
may be deposited and cause adverse health effects. (Source: European Environment Agency).  

15   Directive No 2008/50/EC. 
16   Directive No 2008/50/EC. 
17   MEMO/15/5826. 
18   MEMO/15/5826. 
19   MEMO/15/6223. 
20   Regulation (EU) No 995/2010 and Regulation (EC) No 2173/2005. 
21   Directive No 2008/50/EC, Commission v Bulgaria, C-488/15. 
22   Commission v France, C-314/15; IP/15/4873. 

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Environment 

  Greece: inadequate urban waste water treatment in smaller agglomerations;23 
  Malta: trapping of seven species of finch in breach of the Wild Birds Directive;24 
  Romania:  failure  to  comply  with  the  Directive  on  the  management  of  waste  from 

extractive industries in relation to a tailings pond in Moldova Noua;25 

  Romania:  failure  to  ensure  timely  transposition  of  the  Directive  on  end-of-life 

vehicles;26 

  Romania:  failure  to  enact  the  revised  EU  legislation  on  packaging  waste  into 

 
 

domestic law;27 
Spain: inadequate urban waste water treatment in sensitive areas;28 
Spain: continued existence of illegal and uncontrolled landfill sites, in breach of the 
Waste Framework Directive;29 

  United Kingdom: exceedance of the emission limit value for nitrogen oxides at the 
Aberthaw  coal-fired  power  station  in  Wales,  in  breach  of  the  Large  Combustion 
Plants Directive;30 

  United  Kingdom:  poor urban  waste  water collection and treatment in a  number of 

agglomerations.31 

c)  The Commission referred one case to the Court under Article 260(2) TFEU. It concerns: 

  Greece: failure to implement a judgment of the Court of Justice finding that Greece 
was failing to ensure adequate management of hazardous waste. The Commission 
proposed the Court should impose a lump sum payment of EUR 14 904 736 and a 
daily penalty payment of EUR 72 864 until the obligations are fulfilled.32 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

168 

127 

88 

58 

63 

2011

2012

2013

2014

2015

23   Commission v Greece, C-320/15; IP/15/4491. 
24   Directive No 2009/147/EC, Commission v Malta, C-557/15; IP/15/5658. 
25   Directive No 2006/21/EC, Commission v Romania, C-104/15; IP/14/1149. 
26   Directive No 2013/28/EU, Commission v Romania, C-366/15; IP/15/5055. Romania subsequently adopted the 

necessary legislative amendments and the Commission withdrew the case from the Court. 

27   Directive No 2013/2/EU, Commission v Romania, C-306/15; IP/15/4874. Romania subsequently adopted the 

necessary legislative amendments and the Commission withdrew the case from the Court. 

28   Commission v Spain, C-38/15; IP/14/2129. 
29   Directive No 2008/98/EC, Commission v Spain, C-563/15; IP/15/5354. 
30   Directive No 2001/80/EC, Commission v United Kingdom, C-304/15; IP/15/4670. 
31   Commission v United Kingdom, C-502/15; IP/15/4672. 
32   Commission v Greece, C-584/14; IP/14/1037. 

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Monitoring the Application of European Union Law - 2015 Annual Report 
Environment 

2.  New late transposition infringement cases opened in 2015: main policy sectors 

88 new late transposition infringement cases in 2015 

Other 
1 

Waste  
management 
49 

Industrial 
accidents 
21 

Water protection 
and management 
17 

3.  Key infringement cases and referrals to the Court 

a)  The Commission opened 88 cases for late transposition in 2015. Most concern: 

 
 

 

the Seveso III Directive33 (21 Member States); 
the  Directive  on  priority  substances  in  the  field  of  water  policy34  (16  Member 
States); 
the most recent amendments to the Batteries Directive35 (nine Member States). 

b)  The  Commission  referred  three  cases  to  the  Court  under  Article  260(3)  TFEU.  They 

concern: 

  Germany,  Poland  and  Slovenia:  failure  to  transpose  the  Directive  on  waste 

electrical and electronic equipment;36 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 
These concerned: 

 

Italy: non-conformity of the national legislation with the Environmental Impact Assessment  
Directive;37 

  Slovenia:  insufficient  designation  of  special  protection  areas  under  the  Wild  Birds 

Directive;38 

  Poland and Slovakia: incorrect transposition of the Batteries Directive;39 
  Cyprus, Finland, France, Latvia, Romania and Spain: failure to transpose the Directive on 

waste electrical and electronic equipment;40 

  France:  incorrect  application  of  the Water  Framework  Directive  in  relation  to  the  Sivens 

dam project;41 

33   Directive 2012/18/EU. 
34   Directive 2013/39/EU. 
35   Directive 2013/56/EU. 
36   Directive  No  2012/19/EU,  Commission  v  Germany,  C-546/15,  IP/15/5054,  Commission  v  Poland,  C-545/15, 
IP15/4875,  Commission  v  Slovenia,  C-357/15,  IP/15/4875.  Germany,  Poland  and  Slovenia  subsequently 
adopted the necessary legislative measures and the Commission has therefore withdrawn these cases from 
the Court. 

37   Directive No 2011/92/EU. 
38   Directive No 2009/147/EC. 
39   Directive No 2006/66/EC. 
40   Directive No 2012/19/EU. 
41   Directive No 2000/60/EC. 

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Environment 

  Austria: non-respect of the PM10
  Finland,  Hungary,  Lithuania,  Poland  and  Sweden:  non-communication  of  national 

42 limit values in the Air Quality Directive;43 

measures transposing the Industrial Emissions Directive;44 

  Malta:  breach  of  the  Large  Combustion  Plants  Directive  through  operation  of  the  Marsa 

Power Station beyond the limited lifetime derogation period;45 

  Croatia  and  Portugal:  non-communication  of  national  measures  transposing  the  Seveso 

III Directive.46 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings47 

The Court ruled that: 

  Bulgaria has failed to comply with the Landfill Directive. It has not adopted the necessary 
measures to ensure that its landfills for non-hazardous waste do not continue to function 
unless they satisfy the requirements of the Directive.48 

  Germany  has  incorrectly  transposed  the  requirements  of  the  Environmental  Impact 
Assessment Directive and  of the Industrial  Emissions Directive  with regard to  access to 
justice;49 

  Greece  has  failed  to  ensure  full  compliance  with  the  2007  judgment  of  the  Court  of 
Justice finding that Greece was not ensuring adequate collection and treatment of urban 
waste  water  in  a  number  of  agglomerations.  The  Court  ordered  Greece  to  pay  a  lump 
sum  of  EUR  10  million  and  a  sliding-scale  penalty  payment  of  EUR  20 000  per  day, 
corresponding to EUR 3.64 million per half-year of delay;50 

 

  Greece  has  failed  to  fulfil  its  obligations  under  the  Nitrates  Directive  by  not  designating 
enough  zones  vulnerable  to  nitrate  pollution  and  not  establishing  action  programmes  to 
address them.51 
Italy has failed to correctly execute the 2010 judgment of the Court of Justice finding that 
Italy  had  failed  to  adopt,  for  the  region  of  Campania,  all  the  measures  necessary  to 
ensure  that  waste  is  recycled  and  disposed  of  without  endangering  human  health  and 
without  harming  the  environment.  In  particular,  it  has  not  established  a  suitable  and 
integrated network of disposal installations. The Court ordered Italy to pay a lump sum of 
EUR 20 million and a daily penalty payment of EUR 120 000;52 

  Slovenia  has  infringed  the  Waste  Framework  Directive  and  the  Landfill  Directive  in 

relation to the operation of two illegal landfills in Celje.53 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Austria:  exploratory  drilling  for  natural  gas,  including  trial  production  of  natural  gas  to 
determine  the  commercial  feasibility  of  the  deposit,  does  not  automatically  require  an 
environmental impact assessment. The competent national authorities must nevertheless 
carry  out  an  evaluation  to  determine  whether  an  environmental  impact  assessment  is 

42   PM10  is  an  air  pollutant  consisting  of  small  particles  with  an  aerodynamic  diameter  less  than  or  equal  to  a 
nominal  10  micrometres.  The  particles’  small  size  allows  them  to  penetrate  deep  into  the  lungs  where  they 
may be deposited and cause adverse health effects. (Source: European Environment Agency). 

43   Directive No 2008/50/EC. 
44   Directive No 2010/75/EU. 
45   Directive No 2001/80/EC. 
46   Directive No 2012/18/EU. 
47   These rulings are almost exclusively handed down on infringement procedures. 
48   Directive No 1999/31/EC, Commission v Bulgaria, C-145/14. 
49   Directives No 2011/92/EU and 2010/75/EU, Commission v Germany, C-137/14. 
50   Directive No 91/271/EEC, Commission v Greece, C-167/14 and Court press release No 126/15. 
51   Directive No 91/676/ΕEC, Commission v Greece, C-149/14. 
52   Commission v Italy, C-653/13 and Court press release No 86/15. 
53   Directives No 2008/98/EC and 1999/31/EC, Commission v Slovenia, C-140/14. 

45 

 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Environment 

necessary. The cumulative impact of other projects must be considered and assessment 
must not be confined to municipal boundaries;54 

  Austria: an administrative decision not to carry out an environmental impact assessment 
for a particular  project cannot  be  binding  on  persons  who  were  precluded from bringing 
an action against that decision, if they are members of the ‘public concerned’ who satisfy 
the  criteria  laid  down  by  national  law  concerning  ‘sufficient  interest’  or  ‘impairment  of  a 
right’;55 

  Germany: garage-door operating devices depending on electric current of approximately 
220 to 240 volts to work properly, designed to be incorporated into the building structure 
and apt at any time to be dismantled, re-installed or added to that structure, fall within the 
scope of the Directive on waste electrical and electronic equipment;56 

  Germany:  the requirements imposed by the Water Framework Directive  on  the  Member 
States to avoid deterioration in and achieve good status of their water bodies are binding 
objectives. Individual projects must therefore be assessed against these obligations. A fall 
by  one class  in  the status  of at least  one quality element for a body  of surface  water is 
enough to determine the conclusion that there is a deterioration in the body's status;57 
  Greece:  a  measure  containing  a  plan  or  programme  which  falls  within  the  scope  of  the 
Strategic  Environmental  Assessment  Directive  and  modifies  an  existing  plan  or 
programme  may  not  be  exempted  from  the  obligation  to  carry  out  an  environmental 
assessment  on  the  ground  that  it  is  intended  to  give  more  specific  expression  to  and 
implement a master plan established by a hierarchically superior measure which has not 
itself been the subject of such an environmental assessment;58 

  Hungary:  the  shipment  of  waste  in  the  country  of  transit  at  a  different  border  crossing 
point  than  the  one  provided  for  in  the  notification  document  and  consented  to  by  the 
competent  authorities  represents  an  essential  change  to  the  shipment  conditions.  If  not 
notified  to  the  competent  authorities,  the  change  results  in  the  shipment  of  waste  being 
illegal. A fine imposed for such an illegal shipment, the basic amount of which is the same 
as  the  fine  imposed  for  a  breach  of  the  requirement  to  obtain  consent  and  to  give  prior 
notification in writing, can be seen as proportionate only if equally serious infringements 
are involved;59 
Italy:  national  legislation  is  compatible  with  EU  law  if  it  provides  that,  where  it  is 
impossible  to  identify  the  polluter  of  a  plot  of  land,  the  owner  of  the  land  who  is  not 
responsible  for  the  pollution  cannot  be  required  to  adopt  preventive  and  remedial 
measures;60 

 

  Netherlands: the operator of an installation may be given a time extension to implement a 
scheme to reduce emissions of volatile organic compounds when substitutes which may 
reduce  these  emissions  are  under  development.  This  applies  even  though  for  that 
installation a constant solid content of product can be used to define the reference point 
for emission reductions;61 

  United  Kingdom:  a  charge  for  supplying  environmental  information  may  not  include  the 
cost  of  maintaining  a  database,  but  may  include  the  overheads  attributable  to  the  time 
spent by the staff of the public authority on answering individual requests for information. 
It  is  possible  to  limit  the  extent  of  administrative  and  judicial  review  on  a  charge  for 
supplying environmental information, but only in limited circumstances.62 

54   Marktgemeinde Straßwalchen and Others, C-531/13. 
55   Gruber, C-570/13. 
56   Directives No 2002/96/EC and 2012/19/EU, Sommer Antriebs- und Funktechnik, C-369/14. 
57   Directive No 2000/60/EC, Bund für Umwelt und Naturschutz Deutschland, C-461/13. 
58   Directive No 2001/42/EC, Dimos Kropias Attikis, C-473/14. 
59   Regulation (EC) No 1013/2006, Total Waste Recycling, C-487/14. 
60   Fipa Group and Others, C-534/13 and Court press release No 28/15. 
61   Nannoka Vulcanus Industries, C-81/14. 
62   East Sussex County Council, C-71/14. 

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Environment 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

  assessing 

concluding  checks  on  Member  States'  compliance  with  the  Directive  on  waste  electrical 
and electronic equipment;63 
the  content  of 

the  waste  management  plans  and  waste  prevention 
programmes  adopted  by  the  Member  States  in  the  light  of  the  Waste  Framework 
Directive;64 

  assessing the completeness of Member States' measures transposing the Directive65 on 
reducing the consumption of lightweight plastic carrier bags, after the transposition period 
expires on 27 November 2016;66 

 

  pursuing  legal  action  against  Member  States  that  have  failed  to  fulfil  their  obligations 
under  the  Habitats  Directive  regarding  completing  the  Natura  2000  network  and 
designating and conserving special areas of conservation;67 
following  up  Court  judgments  expected  on  the  conditions  for  derogating  from  the  strict 
protection  of  certain  species  of  wild  birds,68  on  urban  waste  water 
treatment 
requirements,69 and on air quality standards.70 
issuing guidance on the setting up of coordinated or joint procedures for projects that are 
simultaneously  subject 
to  environmental  assessment  requirements  under  several 
directives (Article 2(3) EIA Directive, as amended by Directive 2014/52/EU); 
issuing  the  second  report  on  the  application  and  effectiveness  of  the  Strategic 
Environmental Assessment (SEA) Directive;71 
following up on Member States' implementation of the Environmental Impact Assessment 
(EIA) and SEA Directives;72 

 

 

 

  paying  close  attention  to  the  notifications  submitted  by  Member  States  on  exemptions 

from the assessment procedure under the EIA Directive;73 

  assessing  the  second  river  basin  management  plans  adopted  by  the  Member  States 

under the Water Framework Directive, covering the period 2015-2021;74 

  assessing  Member  States'  reports  on  their  programmes  of  measures  under  the  Marine 

Strategy Framework Directive, to be provided by 31 March 2016;75 

  pursuing  legal  action  against  Member  States  over  widespread  non-compliance  with  the 

NO2 limit values in the Air Quality Directive;76 
further  checking  the  conformity  of  national  provisions  with  the  Air  Quality  Directive  and 
the Industrial Emissions Directive;77 

 

  monitoring  the  correct  application  of  the  Environmental  Noise  Directive,  in  particular 

obligations to establish noise maps and action plans;78 

  pursuing legal action against Member States that have still failed to transpose the Seveso 

III Directive.79 

63   Directive No 2012/19/EU. 
64   Directive No 2008/98/EC. 
65   Directive (EU) 2015/720 amending Directive 94/62/EC. 
66   Directive No (EU) 2015/720. 
67   Directive No 92/43/EEC. 
68   Commission v Malta, C-557/15. 
69   Commission v Portugal, C-557/14 and Commission v Portugal, C-398/14. 
70   Commission v Bulgaria, C-488/15. 
71   Directive No 2001/42/EC. 
72   Directives No 2011/92/EU and 2001/42/EC. 
73   Directive No 2011/92/EU. In 2015, Spain submitted two notifications concerning exemptions of certain projects 
consisting  of  works  aimed  at  responding  to  droughts,  as  well  as  emergency  works  aimed  at  remedying 
damage  caused  by  severe  storms  and  Greece  submitted  one  notification  for  exemption  of  a  project  for 
rehabilitation of anti-flooding works. The conditions on exemptions under the EIA Directive  were met for the 
three notifications. 
74   Directive No 2000/60/EC. 
75   Directive No 2008/56/EC. 
76   Directive No 2008/50/EC. 
77   Directives No 2008/50/EC and 2010/75/EU. 
78   Directive No 2002/49/EC. 
79   Directive No 2012/18/EU. 

47 

 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 

Financial stability, financial services and capital markets union 

In  2015  the  Commission  received  139  complaints  in  the  area  of  financial  stability,  financial 
services  and  capital  markets  union.  It  opened  42  EU  Pilot  files.  The  number  of  infringement 
cases pending at the end of 2015 totalled 172, and 125 new infringement procedures for late 
transposition of directives were opened during the year.1 

I.  COMPLAINTS 

1.  New complaints received from members of the public in 2015 

The Commission received 139 complaints from members of the public in 2015 in this area. 

2.  Public complaints open at year-end 

 139 

>  New complaints registered in 2015 

 68 

>  Complaints handled in 2015 

158 

>  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

139 complaints in 2015 

Resolution and 
crisis 
management 
44 

Free movement 
of capital rules 
46 

Retail fnancial 
services and 
payments 
18 

Other 
31 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

The Commission opened 42 new EU Pilot files in this area.  

EU Pilot files open at year-end 

 42  >  New EU Pilot files registered in 2015 

 11  >  EU Pilot files handled in 2015 

 61  >  EU Pilot files open at end-2015 

1  

The  Directorate-General  for  Financial  Stability,  Financial  Services  and  Capital  Markets  Union  (DG  FISMA) 
was created on 1 January 2015 as part of a reorganisation of the Commission. Consequently historical data 
for this area are not available. 

48 

 
 
 
 
 
                                                
Monitoring the application of European Union law: 2015 Annual Report 
Financial stability, financial services  
and capital markets union 

2.  New EU Pilot files opened in 2015: main policy sectors 

42 EU Pilot files opened in 2015 

Payment 
services 
11 

Securities 
market 
2 

Accounting 
2 

Other 
2 

Free movement 
of capital 
25 

3.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

The combined resolution rate for financial stability, financial services and capital markets union 
in 2015 was 45 %. The general rate for all policy areas was 75 %. 

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases in 2015 

In 2015, the Commission opened own-initiative infringement cases concerning: 

free movement of capital; 
 
  accounting and credit rating; 
 
 
 
  banking resolution and crisis management. 

supplementary supervision of financial conglomerates; 
insurance; 
financial supervision; 

IV. 

INFRINGEMENT CASES 

1. 

Infringement cases open on 31 December (2011-2015) 
There were 172 infringement cases open on 31 December 2015 in this area.   

Infringement cases open on 31 December 2015: main policy sectors 

172 infringement cases in 2015 

Resolution and 
crisis 
management 
45 

Bank regulation 
and supervision 
27 

Financial 
supervision 
24 

Other 
76 

49 

 
 
 
Monitoring the application of European Union law: 2015 Annual Report 
Financial stability, financial services  
and capital markets union 

2.  New infringement cases opened in 2015: main policy sectors 

136 new infringement cases in 2015 

Resolution and 
crisis 
management 
44 

Financial 
supervision 
23 

Insurance 
21 

Other 
48 

3.  Key infringement cases and referrals to the Court 

a)  The Commission opened 136 new infringement cases in 2015. These, and other major 

ongoing infringement cases, concern: 

 

 

 

 

 

Austria, Netherlands, Romania, Slovakia and Sweden: bilateral investment treaties,  
signed  before  all  state  parties  became  members  of  the  EU,  which  overlap  and 
conflict with the EU single market on cross-border investments;2 
Belgium, Cyprus, Estonia, Greece, Italy, Luxembourg, Poland, Romania, Slovenia, 
and Sweden: failure to communicate all national measures transposing the Deposit 
Guarantee  Schemes  Directive.  This  is  a  pre-condition  for  the  future  use  of  the 
European Deposit Insurance Scheme proposed by the Commission;3 
Bulgaria,  Cyprus,  Greece,  Luxembourg,  Slovenia  and  Sweden: 
to 
communicate  all  national  transposition  measures  implementing  the  Solvency  II 
Directive  and  (except  for  Cyprus)  the  Omnibus  II  Directive.  These  create  a 
harmonised  prudential  framework  for  insurance  firms  in  the  EU  to  facilitate 
development of a single market in insurance services;4 
Bulgaria,  Czech  Republic,  France,  Italy,  Lithuania,  Luxembourg,  Netherlands, 
Malta, Poland, Romania and Sweden: failure to communicate all national measures 
transposing the Bank Recovery and Resolution Directive, a centrepiece of the EU 
banking union. The Directive equips national authorities with the tools and powers 
to  mitigate  and  manage  the  distress  or  failure  of  banks  or  large  investment  firms 
without taxpayers having to pay for such failures;5 
Bulgaria,  Hungary,  Latvia,  Lithuania  and  Slovakia:  national  restrictions  on  the 
acquisition of agricultural land which limit the free movement of capital and freedom 
of establishment by being discriminatory and/or disproportionate.6 

failure 

  Croatia,  Czech  Republic,  Hungary,  Luxembourg,  Poland  and  United  Kingdom: 
failure  to  communicate  all  national  measures  transposing  the  first  amendment  of 
the Financial Conglomerates Directive. This aims to remedy gaps in supplementary 
supervision revealed during the financial crisis;7 
Estonia  and  Italy:  failure  to  communicate  all  national  transposition  measures 
implementing the Alternative Investment Fund Managers Directive. This lays down 

 

IP/15/5198. 

2  
3   Directive 2014/49/EU; IP/15/6253 and MEMO/15/6223. 
4   Directives 2009/138/EC and 2014/51/EU. 
5   Directive 2014/59/EU; IP/15/5057. 
6  
7   Directive 2011/89/EU. 

IP/15/4673. 

50 

 
 
                                                
Monitoring the application of European Union law: 2015 Annual Report 
Financial stability, financial services  
and capital markets union 

 

the  regulatory  and  supervisory  framework  for  managers  of  alternative  investment 
schemes that are addressed to professional investors;8 
France:  possible  discrimination  against  insurance  providers  from  other  Member 
States  by  requiring  construction  companies  to  buy  insurance  against  potential 
damage from insurers established in France;9 

  Hungary:  national  restrictions  on  the  rights  of  cross-border  investors  to  use 
agricultural land (usufruct rights). These may violate EU laws on free movement of 
capital, freedom of establishment and the right to property as enshrined in the EU 
Charter of Fundamental Rights;10 
Luxembourg:  failure  to  communicate  all  national  measures  transposing  the 
Directive on reducing over-reliance on credit ratings.11 

 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2) TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

There were 125 new late transposition infringement cases opened in 2015. 

2.  New late transposition infringement cases opened in 2015: main policy sectors 

125 new late transposition infringement cases in 2015 

Resolution and 
crisis 
management 
44 

Other 
37 

Financial 
supervision 
23 

Insurance 
21 

3.  Key infringement cases and referrals to the Court 

a)  Most of the 125 new late transposition infringement cases opened in 2015 concern: 
the Bank Recovery and Resolution Directive (26 Member States);12 
the Omnibus II Directive (23 Member States);13 
the Financial Conglomerates Directive (20 Member States);14 
the Directive on deposit guarantee schemes (18 Member States); 15 
the Accounting Directive (18 Member States);16 
the Directive on reducing over-reliance on credit ratings (16 Member States). 17 

 
 
 
 
 
 

8   Directive 2011/61/EU; MEMO/15/4666. 
9   MEMO/15/5162. 
10   MEMO/15/5162. 
11   Directive 2013/14/EU. 
12   Directive 2014/59/EU. 
13   Directive 2014/51/EU. 
14   Directive 2011/89/EU. 
15   Directive 2014/49/EU. 
16   Directive 2013/34/EU. 

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Monitoring the application of European Union law: 2015 Annual Report 
Financial stability, financial services  
and capital markets union 

b)  The  Commission  referred  two  cases  to  the  Court  under  Article  260(3)  TFEU.  They 

concern: 

 

Luxembourg  and  Poland:  failure  to  transpose  the  Directive  establishing  a 
framework  for  the  recovery  and  resolution  of  credit  institutions  and  investment 
firms;18 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Austria,  Cyprus,  Czech  Republic,  Greece,  Hungary  and  Romania: 

transposition of the Capital Requirements Directive.19  

incomplete 

  Bulgaria: incorrect transposition of the former Directive on deposit-guarantee schemes in 
parallel  with  a  disproportionate  restriction  on  free  movement  of  capital  relating  to  the 
conservatorship  and  moratorium  over  Corporate  Commercial  Bank.  Both  issues  have 
now been resolved;20 
Ireland: the requirement that the Voluntary Health Insurance (VHI) Board meet the  same 
regulatory  requirements  which  apply  to  all  companies  under  the  Non-Life  Insurance 
Directives as the conditions for exempting VHI were no longer met;21 

 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings22 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Lithuania:  a  national  law  that  makes  entitlement  to  compensation  under  the  Investor 
Compensation  Schemes  Directive  conditional  on  the  credit  institution  concerned  having 
transferred  or  used  the  funds  or  securities  in  question  without  the  investor’s  consent  is 
not compatible with Directive.23 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

focusing on important directives whose transposition period expires in 2016, such as: 

the Non-Financial Reporting Directive,24  
 
the Audit Directive,25  
 
the UCITS V Directive,26  
 
the Mortgage Credit Directive,27  
 
the Payment Services Directive,28 
 
  The Market Abuse Directive29 and  
  some provisions of the Deposit Guarantee Schemes Directive;30 

17   Directive 2013/14/EU. 
18   Directive 2014/59/UE, Commission v Luxembourg, C-684/15. 
19   Directive 2013/36/EU. 
20   Directive 1994/19/EC. 
21   Directives 73/239/EEC and 92/49/EEC. 
22   These rulings are almost exclusively handed down on infringement procedures. 
23   Directive 97/9/EC; Indėlių ir investicijų draudimas and Nemaniūnas, C-671/13. 
24   Directive 2014/95/EU. 
25   Directive 2014/56/EU. 
26    Directive 2014/91/EU. 
27   Directive 2014/17/EU. 
28   Directive 2014/92/EU. 
29   Directive 2014/57/EU. 

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Monitoring the application of European Union law: 2015 Annual Report 
Financial stability, financial services  
and capital markets union 

 

following up the judgment expected from the Court in case C-156/15 on the Directive on 
financial collateral arrangements,31 in particular regarding insolvency of credit institutions' 
customers; 

  checking  that  Member  States  have  correctly  transposed  the  Directives  on  company 
reporting, audit, asset management, retail financial services and in the banking sector. 

30   Directive 2014/49/EU. 
31   Directive 2002/47/EC. 

53 

 
                                                                                                                                                     
Monitoring the application of European Union law: 2015 Annual Report 

Health and food safety 

Compliance with health and food safety legislation improved across the board in 2015. New complaints 
and  new  EU  Pilot  files  decreased  further  to  their  lowest  levels  since  2011.  After  increasing  in  2014, 
infringement cases pending at the end of the year and new late transposition cases also fell, with both 
hitting their lowest for five years. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

125 

99 

102 

89 

2011

2012

2013

2014

74 

2015

2.  Public complaints open a year-end 

62  >  Complaints open at end-2014 

 74  >  New complaints registered in 2015 

 70  >  Complaints handled in 2015 

= 66  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

74 complaints in 2015 

Food safety 
13 

Public health 
15 

Other 
18 

Animal 
welfare/animal 
health 
28 

54 

 
 
 
 
 
 
 
Monitoring the Application of European Union Law - 2015 Annual Report 
Health and food safety 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

72 

63 

42 

31 

17 

2011

2012

2013

2014

2015

2.  EU Pilot open at year-end 

40  >  EU Pilot files open at end-2014 

 17  >  New EU Pilot files registered in 2015 

 23  >  EU Pilot files handled in 2015 

= 34  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

17 EU Pilot files opened in 2015 

Plant health 
1 

Food safety 
2 

Animal 
welfare/animal 
health 
3 

Public health 
11 

55 

 
 
 
 
 
 
Monitoring the Application of European Union Law - 2015 Annual Report 
Health and food safety 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

77% 

73% 

73% 

68% 

71% 

70% 

91% 

76% 

75% 

75% 

2011

2012

2013

2014

2015

Health and food safety

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

 

incorrect application of the Directives on patients’ rights in cross-border healthcare and on 
plant health.1 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

98 

94 

51 

60 

25 

2011

2012

2013

2014

2015

1   Directive 2011/24/EU and Council Directive 2000/29/EC. 

56 

 
 
 
 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Health and food safety 

2.  Infringement cases open on 31 December 2015: main policy sectors 

25 infringement cases in 2015 

Plant health 
4 

Food safety 
4 

Public health 
11 

Animal 
welfare/animal 
health 
6 

3.  New infringement cases opened in 2015: main policy sectors 

20 new infringement cases in 2015 

Public health 
1 

Plant health 
1 

 Animal 
welfare/animal 
health 
18 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  20  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

 

 

Italy: non-compliance with the Commission’s Decision on measures to prevent the 
introduction  into  and  the  spread  within  the  EU  of  Xylella  fastidiosa.2  The  case 
specifically relates to the removal of plants, survey activities and the ongoing rapid 
spread of the disease;3 
Finland: non-conformity of national legislation with the Directive on patients’ rights 
in  cross-border  healthcare. The  cases  relates  to  the  level  of  costs  reimbursed  by 
the  Member  State  of  affiliation  to  an  insured  person  who  receives  cross-border 
healthcare. 4 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

2  

Xylella fastidiosa is one of the most dangerous plant bacteria worldwide, causing a variety of diseases, with 
huge economic impact for agriculture. 

3   Commission Implementing Decision (EU) 2015/789. 
4   Directive 2011/24/EU. 

57 

 
 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Health and food safety 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

164 

128 

108 

58 

2011

2012

2013

2014

18 
2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

The Commission opened 18 new late transposition infringements in the area of animal health.5 

3.  Key infringement cases and referrals to the Court 

a)  The 18 cases for late transposition concern: 

 

the  Directive  on  animal  health  requirements  governing  intra-Union  trade  in  and 
imports into the Union of dogs, cats and ferrets.6 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

 

 

Ireland  and  France:  failure  to  ensure  compliance  with  the  Regulation  on  animal  welfare 
during transport; 7 
Ireland,  Cyprus,  Germany,  France,  Poland  and  Slovenia:  failure  to  apply  correctly  the 
Directive on the protection of pigs as regards group housing of sows.8 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings9 

The Court ruled that: 

  Denmark: failed to fulfil its obligations by having continued to authorise the sale of loose 
snus (oral tobacco). EU legislation10 prohibits the sale of snus except in Sweden. Snus is 
finely ground or cut tobacco sold either loose or in small sachet portions and intended to 
be consumed by placing between the gum and the lip, without being chewed or smoked. 
Danish law prohibited the sale of snus packed in porous sachets but allowed the sale of 
loose snus.11 

5   Directives 2013/31/EU and 2014/22/EU. 
6   Directive 2013/31/EU. 
7   Regulation (EC) No 1/2005. 
8   Directive 2008/120/EC. 
9  
10   Directive 2001/37/EC. 
11   Commission v Denmark, C-468/14. 

These rulings are almost exclusively handed down on infringement procedures. 

58 

 
 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 
Health and food safety 

  Poland: the exclusion of legal obligations concerning reproductive cells, foetal tissues and 
embryonic  tissues  from  the  scope  of  national  transposition  legislation  causes  a  public 
health concern. This is because the relevant medical procedures (e.g. in-vitro fertilisation) 
in  Poland  are not subject to the  legal requirements of quality  and safety complying  with 
EU  law.  Since  Polish  legislation  does  not  prohibit  assisted  reproduction  procedures, 
Poland must ensure the correct transposition of the EU directives without delay.12 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  France:  permanently  excluding  blood  donations  from  men  who  have  had  sexual 
relations with other men may be justified, depending on the situation in the Member State 
concerned.  Under  French  law,  men  who  have  had  sexual  relations  with  other  men  are 
permanently excluded from donating blood  in France, given  the  high prevalence of HIV. 
The French measure may discriminate on grounds of sexual orientation. The permanent 
exclusion should therefore be assessed in the light of the situation in  that Member State 
and  of  the  proportionality  principle.  Permanent  exclusion  from  blood  donation  for  men 
who have had sexual relations with other men may be justified by medical and scientific 
knowledge and the epidemiological situation prevailing in a Member State and where no 
effective  techniques  or  less  onerous  methods  exist  to  address  the  situation.  It  is  for  the 
national court to determine whether those conditions are met in France.13 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

 

 

 

continuing  monitoring  to  ensure  that  Member  States  transpose  the  Cross-Border 
Healthcare  Directive  correctly  and  checking  that  their  national  implementing  provisions 
comply with it;14 
starting  monitoring  to  ensure  that  Member  States  transpose  the  Tobacco  Products 
Directive  correctly  and  checking  that  their  national  implementing  provisions  comply  with 
it;15 
continuing  to  monitor  plant  health-related  cases,  in  particular  Xylella  fastidiosa    in  Italy 
and the Pinewood Nematode  in Portugal; 
finding ways, outside the context of formal infringement proceedings, to pursue work on 
guiding and supporting Member States in their implementation of EU legislation  

12   Commission v Poland, C-29/14. 
13   Léger, C-528/13 and Court press release No 46/15. 
14   Directive 2011/24/EU. 
15   Directive 2014/40/EU. 

59 

 
                                                
Monitoring the Application of European Union Law - 2015 Annual Report 

Internal market, industry, entrepreneurship and SMES 

In 2015 the Commission received 552 new complaints in the area of internal market, industry 
entrepreneurship and SMEs, and opened 107 new EU Pilot files. The number of infringement 
cases  pending  at  the  end  of  2015  was  129,  while  56  new  infringement  procedures  were 
opened for late transposition of directives.1 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

The Commission received 552 complaints from the members of the public in the area of internal 
market, industry, entrepreneurship and SMEs. 

2.  Public complaints open a year-end 

 552  >  New complaints registered in 2015 

 462  >  Complaints handled in 2015 

527  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

Services and 
regulated 
professions 
306 

552 complaints in 2015 

Public 
procurement 
105 

Regulation and 
enforcement 
99 

Other 
42 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 
The Commission opened 107 EU Pilot files in 2015 in this area.  

2.  EU Pilot files open at year-end2 

 107 

>  New EU Pilot files registered in 2015 

 118 

>  EU Pilot files handled in 2015 

132 

>  EU Pilot files open at end-2015 

1  

2  

The Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) was created 
on 1 January 2015 as part of a reorganisation of the Commission. Consequently historical data for this area 
are  not  available.  An  overview  of  the  practical  management  of  the  Single  Market  is  available  at:      
http://ec.europa.eu/internal_market/scoreboard/.  
See footnote 1. 

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Internal market, industry, entrepreneurship and SMES 

3.  New EU Pilot files opened in 2015: main policy sectors 

107 EU Pilot files opened in 2015 

Other 
10 

Public 
procurement 
26 

Services and 
regulated 
professions 
43 

Horizontal 
legislation for 
goods and non-
harmonized 
sectors 
28 

4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

The combined resolution rate for internal market, industry, entrepreneurship and SMEs in 2015 
was 74 %. The general rate for all policy areas was 75 %. 

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

freedom to provide services and freedom of establishment; 

 
  public procurement;3 
 
 
 
 
 
 
 

the regulatory approach for the free movement of goods and market surveillance;4 
the Directive on measuring instruments;5 
the Services Directive;6 
regulated professions (qualifications);7 
the safety of toys;8 
restrictions on trade under Articles 34 to 36 TFEU; 
implementation of the Late Payment Directive.9 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

There were 129 infringement cases open on 31 December 2015 in this area. 

3   Directive 2004/18/EC. 
4   Regulation (EC) 765/2008. 
5   Directive 2004/22/EC. 
6   Directive 2006/123/EC. 
7   Directive 2005/36/EC. 
8   Directives 2014/84/EU and 2014/79/EU. 
9   Directive 2011/7/EU. 

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Internal market, industry, entrepreneurship and SMES 

2.  Infringement cases open on 31 December 2015: main policy sectors 

129 infringement cases in 2015 

Other 
33 

Regulation and 
enforcement 
22 

Services and 
regulated 
professions 
42 

Chemicals and 
health 
32 

3.  New infringement cases opened in 2015: main policy sectors 

78 new infringement cases in 2015 

Other 
22 

Services and 
regulated 
professions 
10 

Chemicals and 
health 
32 

Industry sectors 
14 

4.  Key infringement cases and referrals to the Court 

a) 

The  Commission  opened  78  new  infringement  cases  in  2015. These,  and  other  major 
ongoing infringement cases, concern: 

 

Austria, Cyprus, Germany, Greece, Malta, Poland, Spain: Excessive and unjustified 
obstacles  in  the  area  of  professional  services  that  run  counter  to  the  Services 
Directive;10 

 

  Hungary: the direct award of a contract to construct two new reactors and refurbish 
two others at the Paks II nuclear power plant without a transparent procedure. This 
is not in compliance with EU public procurement legislation;11 
Slovakia:  requirements  for  retailers  with  high  turnover  to  publish  and  report 
information  on  the  origin  of  food  products.  These  breach  provisions  on  the  free 
movement of goods;12 
Spain:  breach  of  the  Public  Procurement  Directive.  Certain  companies  were 
favoured  by  receiving  key  information  to  prepare  their  tenders  for  clothing  for  the 
Army well before the information was published;13 

 

10   Directive 2006/123/EC and IP/15/5199. 
11   Directives 2004/17/EC and 2004/18/EC, MEMO/15/6006. 
12   MEMO/15/6006. 
13   Directive 2004/18/EC and MEMO/15/5162. 

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 

Spain: rules subjecting firearms considered as ‘historic’ in other Member States to 
additional marking when brought into Spain.14 

b) 

The  Commission  referred  two  cases  to  the  Court  under  Article  258  TFEU.  They 
concern: 

  Germany:  the  German  Explosives  Act.  This  is  not  compatible  with  the  ‘free 
movement  clause’  laid  down  in  the  Directive  on  the  placing  on  the  market  of 
pyrotechnic  articles.15  The  Act  provides  for  a  mandatory  notification  procedure 
before pyrotechnic articles can be placed on the German market, even where the 
articles satisfy the requirements of the Directive;16 

  Hungary:  only  Hungarian  nationals  are  allowed  to  take  up  and  practice  the 
profession  of  notary  in  Hungary,  thus  excluding  nationals  from  other  Member 
States.17 

c) 

The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

There were 56 new late transposition infringement cases opened in 2015. 

2.  New late transposition infringement cases opened in 2015: main policy sectors 

56 new late transposition infringement cases in 2015 

Space and 
defence 
10 

Industry sectors 
14 

Chemicals and 
health 
32 

3.  Key infringement cases and referrals to the Court 

a)  Most of the 56 cases for late transposition opened in 2015 concern: 

 

 

the Directives regarding pyrotechnic articles;18 
the Pressure Equipment Directive. 19 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under  Articles  258  and  260(3) 

TFEU. 

14   MEMO/15/4489. 
15   Directive 2007/23/EC. 
16   Commission v Germany, C-220/15, and IP/15/4444. 
17   Commission v Hungary, C-392/15. and IP/15/4876. 
18   Directive 2013/29/EU and Directive 2014/58/EU. 
19   Directive 2014/68/EU. 

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VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Estonia: obstacles to the parallel imports of medicinal products; 
  France: the obligation for French breathalyser kits in cars to conform to a specific French 

standard; 

  France: obstacles to the importation of antique firearms; 
  Germany:  the  award  of  a  waste  disposal  service  contract  by  the  city  of  Rostock  on  the 

basis of discriminatory award criteria; 

  Greece: the non-compliance of Greek law with the Late Payment Directive regarding late 

payment rules for public hospitals and other public bodies; 
Italy: provisions in national law hindering the sale of plastic chimneys or flue ducts; 

 
  Poland:  barriers  to  the  recognition  of  professional  experience  acquired  by  lawyers  in 

another Member State; 

  Slovakia: incorrect transposition of the Late Payment Directive; 
  Spain:  obstacles  to  manufacturing,  importing  and  exporting,  selling,  installing  and 

operating game machines; 

  Spain: restrictions on the establishment of commercial buildings in Andalusia. 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings20 

The Court ruled that: 

  Latvia: the requirement to hold Latvian nationality to exercise the profession of notary is a 

discrimination based on nationality prohibited by Article 49 TFEU. 21 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Austria:  provisions  in  national  law  made  it  excessively  difficult  to  exercise  the  right  to 

bring an action for damages under EU procurement rules;22 

  Belgium:  the  office  of  legal  secretary  at  the  ‘Cour  de  cassation’  is  not  a  ‘regulated 

profession’;23 

  Finland: discriminatory measures on distance selling and transport of alcoholic beverages 
can  be  justified  if  they  are  appropriate  and  cannot  be  achieved  by  less  restrictive 
measures;24 

  Finland: complex contractual  arrangements can be classified as service proceedings so 
long as the relevant contracting authority has transferred to the concession holder all, or a 
significant share of, the risk which it faces;25 

  Germany:  architects  whose  qualifications  cannot  be  automatically  recognised  under  the 
Professional  Qualifications  Directive  can  still  benefit  from  the  general  system  of 
recognition set out by the Directive;26 

  Germany: European public procurement legislation does not preclude national legislation 

that requires tenderers to pay a predetermined minimum wage to staff;27 

  Germany: non-corrective colour contact lenses featuring designs are not cosmetics under 

the Cosmetic Products Regulation;28 

20   These rulings are almost exclusively handed down on infringement procedures. 
21   Commission v Latvia, C-151/14. 
22   MedEval, C-166/14. 
23   Brouillard v Jury du concours de recrutement de référendaires, C-298/14. 
24   Visnapuu, C-198/14. 
25   Kansaneläkelaitos, C-269/14. 
26   Eintragungsausschuss bei der Bayerischen Architektenkammer v Hans Angerer, C-477/13. 
27   Regiopost, C-115/14, and Court press release No 139/15. 
28   Colena, C-321/14. 

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  Hungary: legislation  which  prohibits the  operation of slot machines outside casinos may 

be contrary to the principle of freedom to provide services.29 
Italy:  labelling  requirements  constitute  a  barrier  to  intra-EU  trade  if  goods  coming  from 
other Member States have to be given a different label;30 

 

  Romania:  legislation  imposing  an  approval  or  homologation  procedure  on  products 
constitutes a trade barrier unless exceptions are laid down for Member States where such 
products are lawfully produced and marketed; 31 

  United Kingdom: the Scottish legislation introducing a minimum price per unit of alcohol is 

contrary to EU law if less trade-restrictive tax measures can be used.32 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  ensuring  follow-up  to  the  2012  and  2013  monitoring  of  compliance  with  legal  form  and 

shareholdings on the basis of the Services Directive; 

  dealing  with  implementation  issues  in  public  procurement.  This  includes  addressing  the 

root causes of systemic and recurrent issues together with Member States; 

  monitoring specific application and implementation issues arising from procurement rules 

in certain sectors, such as health, IT, energy and waste management. 

29   Berlington Hungary and Others, C-98/14 and Court press release No 69/15. 
30   Unione Nazionale Industria Conciaria, C-95/14. 
31   Capoda Import-Export, C-354/14. 
32   Scotch Whisky Association and Others v Lord Advocate, C-333/14 and Court press release No 155/15. 

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Justice and consumers 

In  2015  the  number  of  new  complaints  in  the  area  of  justice  and  consumers  fell  for  the  first 
time since 2011. Following 2014's sharp decrease, new EU Pilot files rose back to their 2012 
level.  Infringement  cases  pending  at  the  end  of  2015  and  new  late  transposition  cases 
declined moderately after steadily increasing over the past three years. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

590 

596 

524 

491 

433 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

540  >  Complaints open at end-2014 

 524  >  New complaints registered in 2015 

 507  >  Complaints handled in 2015 

= 557  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

524 complaints in 2015 

Free movement of 
persons and 
citizenship rights 
162 

Outside EU 
competence 
122 

Civil justice and 
family law 
52 

Other 
187 

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II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

176 

103 

103 

74 

54 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

157 

>  EU Pilot files open at end-2014 

 103 

>  New EU Pilot files registered in 2015 

 73 

>  EU Pilot files handled in 2015 

= 187 

>  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

103 EU Pilot files opened in 2015 

Free movement 
and citizenship 
rights 
27 

Consumers' and 
marketing law 
24 

Equality 
26 

Other 
26 

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4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

81% 

73% 

2011

68% 

49% 

2012

76% 

79% 

75% 

75% 

70% 

64% 

2013

2014

2015

Justice and Consumers

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

 

 
 

 

 
 

incomplete  or  incorrect  transposition  of  former  'third  pillar'  instruments,  namely  the 
Framework  Decisions  on  exchange  of  information  extracted  from  criminal  records 
between  Member  States  (ECRIS),1  the  European  supervision  order,2  probation  and 
alternative sanctions,3 and transfer of prisoners;4 
incorrect transposition of the Free Movement Directive5 in three Member States; 
the possibility for foreign investors to obtain the nationality of an EU Member State solely 
on  the  basis  of  their  contribution  to  the  economic  development  of  that  State's  investor 
schemes (‘EU citizenship for sale’); 
spelling of personal names. The cases point to inconvenience experienced by EU citizens  
due to the non-recognition in one Member State of a name attributed or changed under 
the law of another Member State; 
the set-up of national equality bodies and access to education of the Roma population; 
incorrect transposition of the Consumer Rights Directive, the Unfair Commercial Practices 
Directive and the Timeshare Directive. 6 

Framework Decision 2009/315/JHA. 
Framework Decision 2009/829/JHA. 
Framework Decision 2008/947/JHA. 
Framework Decision 2008/909/JHA. 

1  
2  
3  
4  
5   Directive 2004/38/EC. 
6   Directives2011/83/EC, 2005/29/EC and 2008/122/EC. 

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IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

82 

80 

72 

61 

67 

2011

2012

2013

2014

2015

2.  Infringement cases open on 31 December 2015: main policy sectors 

80 infringement cases in 2015 

Consumers and 
marketing law 
20 

Other 
26 

Free movement of 
persons and 
citizenship's rights 
18 

Consumers' 
financial services 
and redress 
16 

3.  New infringement cases opened in 2015: main policy sectors 

38 new infringement cases in 2015 

Equality and non-
discrimination 
4 

Consumers and 
marketing law 
4 

Criminal justice 
14 

Consumers' 
financial services 
and redress 
16 

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4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  38  new  infringement  cases  in  2015. These,  and  other  major 

ongoing infringement cases, concern: 

  Cyprus: failure to inform buyers about pre-existing mortgages on properties offered 
for sale. As a result, buyers who had paid for their property were unable to obtain 
their title deed; 
Italy: pension reform which provides for ‘early retirement’ after a number of years of 
financial contributions which differ depending on the sex of the worker; 

 

  Germany:  incorrect  transposition  of  the  Directive  ensuring  equal  access  between 

men and women to goods and services;7 
Lithuania:  failure  to  provide  sufficient  guarantees  for  the  reimbursement  of 
consumers affected by the insolvency of a package travel organiser; 
Slovenia: failure to set up an independent and effective equality body in conformity 
with the Anti-Discrimination Directives;8 
Slovakia: discrimination against Roma children in education. 

 

 

 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

71 

10 

19 

38 

30 

2011

2012

2013

2014

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

30 new late transposition infringement cases in 2015 

Criminal justice 
14 

Consumers' 
financial 
services and 
redress 
16 

7   Directive 2004/113/EC. 
8   Directives 2000/43/EC, 2004/113/EC and 2006/54/EC. 

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3.  Key infringement cases and referrals to the Court 

a)  The 30 cases of late transposition opened in 2015 concern: 

 
 

the Directive on alternative dispute resolution (16 cases);9 
the European protection order (14 cases).10 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  France: incorrect transposition of the Directive on unfair commercial practices;11 
  Cyprus,  Czech  Republic,  Luxembourg,  Slovenia,  Slovakia  and  Spain:  failure  to  notify 
national  transposition  measures  for  the  Directive  on  the  right  to  information  in  criminal 
proceedings;12 
Ireland and Slovenia: failure to notify national transposition measures for the Directive on 
the right to interpretation and translation in criminal proceedings; 13 

 

  Bulgaria,  Czech  Republic,  Finland,  France,  Latvia,  Lithuania,  Portugal  and  Slovenia: 
failure  to  notify  national  transposition  measures  for  the  Directive  on  the  European 
protection order. 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings14 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Bulgaria:  the  principle  of  equal  treatment  applies  not  only  to  people  of  a  certain  ethnic 
origin, but also to those who suffer, together with the former, less favourable treatment or 
a  particular  disadvantage  on  account  of  a  discriminatory  measure.  The  case  concerned 
the installation of electricity meters at a height of 6 metres in a district densely populated 
by Roma people. The meters are installed in other districts at normal height. According to 
the electricity company the installation of meters at 6 metres height was justified by their 
being  increasingly  tampered  with  and  damaged,  and  by  the  numerous  unlawful 
connections  to  the  network  in  the  district  concerned.  The  Court  observed  that  the 
company's  practice  seemed  disproportionate  to  the  aims  of  ensuring  the  security  of  the 
electricity network and the due recording of electricity consumption, and to the legitimate 
interests of the residents of the district concerned;15 

  France: depriving a French citizen who had been convicted of a serious crime of the right 
to  vote  in  European  elections  represents  a  limitation  on  the  exercise  of  the  right  of  EU 
citizens  to  vote  in  elections  to  the  European  Parliament.  This  right  is  guaranteed  in  the 
Charter of Fundamental Rights of the European Union. However, in the case at hand the 
ban is proportionate as it takes into account the seriousness of the crime and gives the 
person the possibility to apply for reinstatement of their voting right; 16 

9   Directive 2013/11/EU. 
10   Directive 2011/99/EU. 
11   Directive 2005/29/EC. 
12   Directive 2012/13/EU. 
13   Directive 2010/64/EU. 
14   These rulings are almost exclusively handed down on infringement procedures. 
15   CHEZ Razpredelenie Bulgaria, C-83/14. 
16   Delvigne, C-650/13 and Court press release No 118/15. 

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 

 

 

 Germany:  the  Free  Movement  Directive  allows  Member  States  to  set  limits  on  the 
entitlements to social assistance of economically inactive EU citizens moving to another 
EU  Member  State,  as  well  as  for  EU  citizens  seeking  a  job.  Previously  the  Court  had 
found that a Member State could, under the Free Movement Directive, deny the benefit to 
an  economically  non-active  person  who  never  had  sufficient  resources  of  their  own  to 
enjoy  a  right  of  residence  and  who,  in  addition,  had  never  worked  in  the  host  Member 
State and had no intention of looking for a job there; 17 
Ireland: the expiry of the time-limits for taking a decision on the execution of a European 
arrest  warrant  does  not  free  the  competent  court  of  its  obligation  to  adopt  a  decision  in 
that  regard.  In  addition  the  expiry  of  the  time-limits  does  not  preclude,  in  itself,  the 
continued holding of the requested person in custody. However, the Court noted that, in 
accordance with the fundamental right to liberty and security the requested person must 
be released, and the measures necessary to prevent him from absconding ordered, if the 
duration of the custody is excessive;18 
Ireland:  the  Commission’s  Safe  Harbour  Decision19  is  not  valid  as  it  did  not  contain 
sufficient  findings  by  the  Commission  that  U.S.  public  authorities'  access  to  data 
transferred under the decision  was limited  or that  effective  legal  protection  against such 
interference existed;20 

  Lithuania:  the  Brussels  I  Regulation  on  jurisdiction  in  civil  and  commercial  law21  was 
intended to prevent conflicts of jurisdiction between courts of the EU Member States and 
not  conflicts  between  a  court  and  an  arbitral  tribunal.  Recognition  of  arbitral  awards  is 
governed by national law or, as the case may be, by the 1965 New York Convention. In 
the case at hand, after one party initiated court proceedings in Lithuania, the other party, 
Gazprom, commenced arbitral proceedings in Sweden. The arbitral tribunal found that the 
Lithuanian  court  proceedings  were  in  breach  of  the  arbitral  agreement  and  issued  an 
injunction  against  the  suit.  Gazprom  then  sought  recognition  of  that  arbitral  award  in 
Lithuania. The Lithuanian High Court made a preliminary reference to the Court of Justice 
asking  whether  the  Brussels  I  Regulation  can  be  invoked  by  the  court  to  refuse 
recognition of anti-suit injunctions ordered by the arbitral tribunal;22 

  Netherlands: the Sales and Guarantees Directive23 requires a national court to determine 
whether the purchaser may be classified as a consumer even if he/she has not relied on 
that  status,  as  soon  as  that  court  has  at  its  disposal  the  matters  of  law  and  of  fact 
necessary  for  that  purpose  or  may  obtain  them  simply  by  making  a  request  for 
clarification. The CJEU also decided that Article 5 (3) of the Directive, which provides that, 
within six months of the delivery, the trader has to prove that a lack of conformity did not 
exist at the time of delivery, is of equal standing to a national public policy rule and that 
national courts, therefore, must apply it of their own motion; 

  Romania:  people  whose  personal  data  are  subject  to  transfer  and  processing  between 
two  public  administrative  bodies  must  be  informed  in  advance.  The  Romanian  tax 
authority  transferred  data  on  self-employed  workers’  declared  income  to  the  National 
Health Insurance Fund, which then required the payment of arrears of contributions to the 
health  insurance  regime.  Those  affected  contested  the  lawfulness  of  the  transfer  under 
the Data Protection Directive;24 

  Slovakia:  the  data  protection  legislation  of  a  Member  State  may  be  applied  to  a  foreign 
company which exercises in that State, through stable arrangements, a real and effective 
activity. In the case in hand, a company formally registered in Slovakia runs a real estate 
website focused on the Hungarian market. It is the data controller of the personal data of 
advertisers  on  the  website.  The  company  ignored  requests  from  the  advertisers  for  the 
data  to  be  deleted  and  was  therefore  fined  by  the  Hungarian  Data  Protection  Authority. 

17   Alimanovic, C-67/14 and Court press release No 101/15. 
18   PPU Lanigan, C-237/15 and Court press release No 91/15. 
19   Commission Decision 2000/520/EC. 
20   Schrems, C-362/14. 
21   Regulation (EC) No 44/2001. 
22   Gazprom, C-536/13. 
23   Directive 1999/44/EC. 
24   Bara and Others, C-201/14 and Court press release No 110/15. 

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The  company  argued  that  since  it  is  established  in  Slovakia,  it  cannot  be  fined  under 
Hungarian law; 25 

  Spain:  the  legislation  on  the  calculation  of  permanent  invalidity  pensions  complies  with 
EU law. Spanish law provides that, for calculating an invalidity pension, some periods of 
unemployment of the worker can be taken into account and (as a fiction) be considered 
as periods when the person was working and making social security contributions. If the 
person was working full-time before she became unemployed, the unemployment period 
is counted as if she had been employed full-time. But if the person was working only part-
time, the unemployment period is considered only at a reduced rate. The claimant argued 
that  this  method  of  calculation  was  indirectly  discriminatory  on  the  basis  of  sex,  since  it 
disfavours part-time workers and most of them are women. However, the Court dismissed 
the  claim  of  discrimination,  since  the  calculation  method  can  also  benefit  part-time 
workers in certain circumstances. As the Spanish provision in question is not applicable to 
all  part-time  workers  (only  those  that  have  a  contribution  gap)  the  fact  that  part-time 
workers  in  general  are  mostly  women  does  not  prove  that  the  specific  provision  in 
question affects more women than men.26 

  Spain:  when  assessing  whether  a  time-limit  for  opposing  enforcement  proceedings 
makes  it  excessively  difficult  for  consumers  to  rely  on  protection  against  unfair  contract 
terms, both the duration of the time-limit and the mechanism adopted to start that period 
running have to be taken into account. The Court considered that mere publication  of a 
new law in the Spanish Official Journal, establishing an additional time-limit calculated to 
run  from  the  day  following  the  publication  of  that  law,  without  the  consumers  being 
informed personally of that time-limit was incompatible with the principle of effectiveness, 
in  circumstances  where  the  previously  applicable  time-limit  had  been  drawn  to  the 
individual  attention  of  the  consumers  concerned.  It  created  the  risk  that  the  time-limit 
would expire before they were able effectively and usefully to exercise their rights through 
legal action; 27 

  UK:  where  non-EU  nationals  hold  a  ‘residence  card  of  a  family  member  of  a  Union 
citizen’, the Member States cannot require them to first obtain a visa before entering their 
territory. Even if Member States are faced with a high number of cases of abuse of rights 
or  fraud,  the  adoption  of  measures  of  ‘general  prevention’  are  not  justified  without  a 
specific assessment of the conduct of the person concerned. The family members of EU 
citizens who fulfil the conditions laid down in the Free Movement Directive enjoy the rights 
granted  by  this  Directive  without  constraints  due  to  the  mere  fact  that  they  belong  to  a 
particular  group  of  persons  (non-EU  nationals).  Measures  that  automatically  impose 
additional  conditions  disregard  the  very  substance  of  the  primary  and  individual  right  of 
EU citizens to move and reside freely within the territory of the Member States.28 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

 

closely  monitoring  that  Member  States  transpose  on  time  the  Directive  on  the  right  of 
access to a lawyer and to communicate upon arrest;29 
checking that Member States correctly transpose: 

 
 
 

 

the European Protection Order,30  
the Directive on alternative dispute resolution,31  
the  Directive  on 
the  right 
proceedings,32  
the Directive on the right to information in criminal proceedings,33  

interpretation  and 

translation 

to 

in  criminal 

25   Weltimmo, C-230/14 and Court press release No 111/15. 
26   Cachaldora Fernandez, C-527/13 and Court press release No 36/15. 
27   BBVA, C-8/14 and Court press release No 130/15. 
28   McCarthy and Others, C-202/13. 
29   Directive 2013/48/EU. 
30   Directive 2011/99/EU. 
31   Directive 2013/11/EU. 
32   Directive 2010/64/EU. 
33   Directive 2012/13/EU. 

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 

the  Directive  on  the  application  of  equal  treatment  between  men  and  women 
engaged in a self-employed activity; 34 

 

 

taking action to enforce former 'third pillar' instruments on judicial cooperation in criminal 
matters; 
launching  a  study  on  practical  implementation  of  the  Commission  Recommendation  on 
common principles for injunctive and compensatory collective redress mechanisms in the 
Member States concerning violations of rights granted under Union law.35 

34   Directive 2010/41/EU. 
35   Commission Recommendation 2013/396/EU. 

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Maritime affairs and fisheries 

In  2015  new  complaints  in  the  area  of  maritime  affairs  and  fisheries  declined  again,  but  the 
number of new EU Pilot files increased. The Commission opened one new infringement case.   

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

16 

12 

8 

5 

2011

4 

2012

2013

2014

2015

2.  Public complaints open at year-end 

17  >  Complaints open at end-2014 

 8  >  New complaints registered in 2015 

 5  >  Complaints handled in 2015 

= 20  >  Complaints open at end-2015 

II.  EU PILOT 

1.  EU Pilot files open at year-end 

22  >  EU Pilot files open at end-2014 

16  >  New EU Pilot files registered in 2015 

17  >  EU Pilot files handled in 2015 

=21  >  EU Pilot files open at end-2015 

2.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

91% 

92% 

88% 

75% 

75% 

70% 

84% 

68% 

73% 

no files processed 
in 2011 

2011

2012

2013

2014

2015

Maritime affairs and fisheries

General rate for all policy areas

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Maritime affairs and fisheries 

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases in 2015 

In 2015, the Commission opened own-initiative infringement cases concerning: 

 

 

 

compliance  with  the  fisheries  control  obligations,  in  particular  the  enforcement 
requirements for serious infringements of the Common Fisheries Policy rules; 
compliance  with  obligations  undertaken  in  the  framework  of  international  fisheries 
management organisations; 
compliance  with  the  EU’s  exclusive  competence  for  conservation  of  marine  biological 
resources. 

IV. 

INFRINGEMENT CASES 

Key infringement cases and referrals to the Court 

a)  The  Commission  opened  one  new  infringement  case  in  2015.  This,  and  other  major 

ongoing infringement cases, concern: 

 

Portugal: non-compliance with the EU’s exclusive competence for conservation of 
marine biological resources; 
  Greece:  non-compliance  with 

the 
obligation  to  adopt  a  national  management  plan  for  fisheries  conducted  by  boat 
seines within its territorial waters;2 

the  Mediterranean  Regulation1  regarding 

  Romania:  breach  of  the  principle  of  equal  access  to  EU  waters  for  vessels  flying 

the flag of other Member States. 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2) TFEU. 

V.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Bulgaria, Greece, Romania and Slovenia: non-compliance with the requirement to ensure 

 

direct electronic exchange of fisheries-related data with other Member States; 
Italy:  non-compliance  with  the  Mediterranean  Regulation3  regarding  the  obligation  to 
adopt a national management plan for fisheries conducted by dredges within its territorial 
waters. 

VI. 

IMPORTANT JUDGMENTS 

1.  Court rulings4 

There were no major Court rulings in this area in 2015. 

2.  Preliminary rulings 

There were no major preliminary rulings in this area in 2015. 

Regulation (EC) No 1967/2006. 

1 
2   MEMO/15/5162. 
3 
4  

Regulation (EC) No 1967/2006. 
These rulings are almost exclusively handed down on infringement procedures. 

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VII.  OUTLOOK 

Important implementation work in 2016 includes: 

 

 

close monitoring of Member States' compliance with certain new obligations laid down in 
the Basic Common Fisheries Policy Regulation,5 as well as with other important fisheries 
control and enforcement obligations where deficiencies have been noticed; 
focusing  on  Member  States'  transposition  of  the  Maritime  Spatial  Planning  Directive,6 
after the expiration of the transposition period on 18 September 2016. 

5   Regulation (EU) No 1380/2013. 
6   Directive 2014/89/EU. 

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Migration and home affairs 

All compliance indicators in the area of migration and home affairs worsened in 2015. New 
complaints  rose  very  slightly,  though  they  remained  well  below  the  peak  reached  in  2012. 
New EU Pilot files increased while the number of  infringement cases pending at the end of 
the year continued to rise, reaching its highest level since 2011. New late transposition cases 
advanced for the third year in a row but held well below their 2011 peak. 

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

132 

123 

120 

89 

90 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

55  >  Complaints open at end-2014 

 90  >  New complaints registered in 2015 

 54  >  Complaints handled in 2015 

= 91  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

90 complaints in 2015 

Visas 
13 

Migration and 
integration 
16 

Other 
24 

Asylum 
37 

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Migration and home affairs 

II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

61 

60 

45 

37 

19 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

44  >  EU Pilot files open at end-2014 

 60  >  New EU Pilot files registered in 2015 

 36  >  EU Pilot files handled in 2015 

= 68  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

60 EU Pilot files opened in 2015 

Other 
20 

Organised crime 
18 

Visas 
10 

Terrorism and 
crisis 
management  
12 

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4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

73% 

60% 

68% 

70% 

60% 

47% 

80% 

80% 

75% 

75% 

2011

2012

2013

2014

2015

Migration and Home Affairs

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  non-conformity of national legislation with the Return Directive;1  

 

incorrect  implementation  of  the  Directives  on  Asylum  Procedures2  and  on  the  right  to 
interpretation and translation in criminal proceedings,3 and of the 'Eurodac' Regulation.4 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

109 

79 

60 

2011

22 

2012

44 

2013

2014

2015

1   Directive 2008/115/EC. 
2   Directive 2013/32/EU. 
3   Directive 2010/64/EU. 
4   Regulation (EU) No 603/2013. 

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Migration and home affairs 

2.  Infringement cases open on 31 December 2015: main policy sectors 

109 infringement cases in 2015 

Other 
12 

Visas 
11 

Asylum 
70 

Organised crime  
16 

3.  New infringement cases opened in 2015: main policy sectors 

56 new infringement cases in 2015 

Asylum 
44 

Organised crime 
9 

Migration and 
integration  
2 

Irregular 
migration and 
return 
1 

4.  Key infringement cases and referrals to the Court 

a)  The Commission opened 56 new infringement cases in 2015. These, and other major 

ongoing infringement cases, concern: 

 

Bulgaria  and  Spain: 
Qualifications Directive;5 

failure 

to  notify  national  measures 

transposing 

the 

  Croatia,  Cyprus,  Greece  and  Italy:  failure  to  correctly  implement  the  'Eurodac' 

Regulation;6 

  Cyprus,  Italy  and  Malta:  incorrect  application  of  the  Long-Term  Residents 
Directive7 on aspects such as the requirements on stable and regular resources, 
appropriate accommodation, and excessive and disproportionate charges levied; 
  Greece:  serious  deficiencies  in  the  Greek  asylum  system.  These  concern  in 

particular: 

5   Directive 2011/95/EU and IP/15/5699. . 
6   Regulation (EU) No 603/2013; MEMO/15/6006 and IP/15/6276. 
7   Directive 2003/109/EC. 

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Migration and home affairs 

 

the  material  conditions  for  receiving  applicants  for  international  protection, 
especially those with special reception needs and vulnerable persons; and  
  structural  flaws  in  the  functioning  of  the  guardianship  system  or  legal 
representation of all unaccompanied minors during the asylum procedure;8 

  Hungary: incorrect implementation of the Directives on asylum procedures and on 

the right to interpretation and translation in criminal proceedings.9 

b)  The Commission did not refer any cases to the Court under Article 258 TFEU. 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

76 

23 

37 

48 

1 

2012

2011

2013

2014

2015

2.  New late transposition infringement cases opened in 2015: policy sectors 

48 new late transposition infringement cases in 2015 

Asylum 
39 

Organised crime 
9 

IP/15/5699. 

8  
9   Directive 2011/95/EU and Directive 2010/64/EU; IP/15/6228. 

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3.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  48  cases  for  late  transposition  in  2015.  Most  concern  late 

transposition of the : 

Asylum Procedures Directive (18 cases launched);10 

 
  Reception Conditions Directive (19 cases launched).11 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Austria,  Greece,  France,  Italy,  Luxembourg,  Portugal,  Slovakia  and  Spain:  late 

transposition of the Directive against trafficking in human beings.12 

  Belgium,  Malta,  Poland  and  Sweden:  late  transposition  of  the  Directive  2011/51/EU 
international 

extending  the  Long-Term  Residents  Directive13  to  beneficiaries  of 
protection; 

  Cyprus, Hungary, Netherlands and UK: late transposition of the Directive combating the 

sexual abuse and sexual exploitation of children and child pornography;14 

  Germany:  the  right  to  family  reunification  of  non-EU  nationals  residing  lawfully  in  the 

territory of a Member State; 

  Greece,  Lithuania,  Slovenia  and  Spain:  late  transposition  of  the  Single  Permit 

Directive.15 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings16 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Germany: under the Qualifications Directive, an act of persecution can take the form of 
‘prosecution  or  punishment  for  refusal  to  perform  military  service  in  a  conflict,  where 
performing  military  service  would  include  crimes’.  The  judgment  of  the  Court  clarified 
the conditions in which a non-EU national who has deserted may be granted asylum in 
the EU; 17 
Italy:  the  Return  Directive  does  not,  in  principle,  preclude  national  legislation  which 
imposes  a  prison  sentence  on  a  non-EU  national  who  unlawfully  enters  its  territory  in 
breach of an entry ban; 18 
Italy:  Directive  on  Long  Term  Residents,19  must  be  interpreted  as  precluding  national 
legislation which requires third-country nationals, when applying for the issue or renewal 

 

 

10   Directive 2013/32/EU and IP/15/5699. 
11   Directive 2013/33/EU and IP/15/5699. 
12   Directive 2011/36/EU. 
13   Directive 2003/109/EC. 
14   Directive 2011/92/EU. 
15   Directive 2011/98/EU. 
16   These rulings are almost exclusively handed down on infringement procedures. 
17   Shepherd, C-472/13 and Court press release No 20/15. 
18   Skerdjan Celaj, C- 290/14 and Court press release No 112/15. 
19   Directive 2003/109/EC.  

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Migration and home affairs 

of a residence permit in the Member State concerned, to pay a fee (varying in amount 
between EUR 80 and EUR 200), inasmuch as such a fee is disproportionate in the light 
of  the  objective  pursued  by  the  directive  and  is  liable  to  create  an  obstacle  to  the 
exercise of the rights conferred by that directive;20 

  Netherlands:  Member  States  may  require  non-EU  nationals  to  pass  a  civic  integration 
examination  prior  to  family  reunification.  However,  the  exercise  of  the  right  to 
reunification must not be made impossible or excessively difficult;21 

  Netherlands: the Directive on Long Term Residents 22  does not preclude the imposition 
of  an  obligation  to  pass  a  civic  integration  examination,  provided  that  the  means  of 
implementing  that  obligation  are  not  liable  to  jeopardise  the  achievement  of  the 
objectives pursued by the directive;23 

  Spain: the Return Directive must be interpreted as precluding national legislation which 
provides,  in  the  event  of  non-EU  nationals  illegally  staying  in  that  Member  State,  for 
either a fine or their removal. The two measures are mutually exclusive.24 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  actively ensuring full and correct implementation by the Member States of the Common 
European Asylum System. This will be done by carrying out checks on their compliance 
with the Directives on asylum procedures and on reception;25 

  continued assessments of Member States' conformity with the rules on legal migration, 
which26  may  lead  the  Commission  to  launch  further  own-initiative  cases  for  non-
conformity  concerning  among  others  the  proportionality  of  fees  charged  for  residence 
permits,  the  application  of  stable  and  regular  resources  and  application  of  pre-
integration measures; 
finalising  checks  on  the  completeness  of  Member  States'  transposition  of  the 
Qualifications Directive;27 

 

  actively  ensuring  the  full  and  correct  implementation  by  the  Member  States  of 
instruments  identified  as  priorities  under  the  European  Agenda  on  Security.  This 
includes  the  Regulation  on  Explosives  Precursors,28  the  "Prüm"  system,29  the 
Framework  Decision  on  the  "Swedish  initiative"  on  simplifying  the  exchange  of 
information and intelligence between law enforcement authorities of the Member States 
of  the  European  Union,30  as  well  as  the  Directives  on  preventing  and  combating 
trafficking  in  human  beings  and  protecting  its  victims,  on  combating  the  sexual  abuse 
and  sexual  exploitation  of  children  and  child  pornography31  and  on  attacks  against 
information systems.32 

20   CGIL and INCA, C-309/14. 
21   K&A, C-153/14 and Court press release No 78/15. 
22   Directive 2003/109/EC.  
23   P and S, C-579/13. 
24   Zaizoune, C-38/14. 
25   Directives 2013/32/EU, 2013/33/EU and 2013/40/EU. 
26   Directives 2003/86/EC, 2003/109/EC, 2011/98/EU. 
27   Directive 2011/95/EU. 
28   Regulation (EU) No 98/2013. 
29   Council Framework Decision 2006/960/JHA. 
30   Directive 2011/36/EU. 
31   Directive 2011/93/EU. 
32   Directive 2013/40/EU. 

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Mobility and transport 

In 2015 the Commission received the highest number of new complaints in the area of mobility 
and  transport  since  2011.  By  contrast,  the  number  of  new  EU  Pilot  files  fell  further  from  its 
2013 peak to the lowest level for five years. However, infringement cases pending at the end 
of the year and new late transposition cases both rose for the second year in a row.  

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

155 

124 

102 

65 

2011

68 

2012

2013

2014

2015

2.  Public complaints open a year-end 

44 

>  Complaints open at end-2014 

 155 

>  New complaints registered in 2015 

 150 

>  Complaints handled in 2015 

= 49 

>  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

155 complaints in 2015 

Horizontal 
(including 
passengers' 
rights and PSO- 
Public transport 
services rail and 
road) 
34 

Road 
64 

Air 
23 

Other 
34 

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II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

286 

164 

170 

156 

123 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

157  >  EU Pilot files open at end-2014 

 123  >  New EU Pilot files registered in 2015 

 205  >  EU Pilot files handled in 2015 

= 75  >  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

123 EU Pilot files opened in 2015 

Other 
14 

Road transport 
58 

Horizontal 
(including 
passengers' 
rights and PSO - 
Public transport 
services rail and 
road) 
17 

Maritime 
transport 
34 

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4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

73% 

63% 

68% 

68% 

70% 

75% 

75% 

76% 

62% 

63% 

2011

2012

2013

2014

2015

Mobility and transport

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  Railway sector: railway safety and interoperability; 
  Road sector:  

  breach of Treaty principles on non-discrimination, free movement of goods and 

 

persons, and provision of services;  
incorrect  implementation  of  Regulations  on  the  conditions  for  pursuing  the 
occupation  of 
the  electronic 
interconnection of national registers and the European Electronic Toll Service;1  
  non-conformity  with  and  incorrect  implementation  of  the  Directive  on  driving 

transport  operator, 

in  particular 

road 

licences,2 in particular connection to the driving licence network; 
  Air  sector:  air  safety  and  the  implementation  of  functional  airspace  blocks  ('single 

European sky').3 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

287 

205 

223 

241 

165 

2011

2012

2013

2014

2015

1   Regulation (EC) No 1071/2009 and Directive 2004/52/EC. 
2   Directive 2006/126/EC. 
3   Regulations (EC) No 748/2012 and (EU) No 1321/2014. 

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2.  Infringement cases open on 31 December 2015: main policy sectors 

241 infringement cases in 2015 

Other 
28 

Road 
59 

Air 
89 

Rail 
65 

3.  New infringement cases opened in 2015: main policy sectors 

148 new infringement cases in 2015 

Other 
23 

Maritime 
27 

Rail 
53 

Road 
45 

4.  Key infringement cases and referrals to the Court 

a)  The  Commission  opened  148  new  infringement  cases  in  2015.  These,  and  other  major 

ongoing infringement cases, concern: 

 

 

12  Member  States:  failure  to  implement  functional  airspace  blocks  (FABs) 
effectively.  Under  the  'single  European  sky'  legislation,4  national  air  traffic  control 
organisations  should  work  together  in  nine  regional  airspace  blocks  to  increase 
efficiency,  cut  costs  and  reduce  emissions.  The  infringement  procedures  concern 
three FABs;5 
Belgium  and  Spain:  restrictions  on  the  freedom  of  establishment  regarding  the 
provision of port services; 

  Germany:  discriminatory  user  charges  for  passenger  cars  (introduced  by  a  new 
road charging scheme known as the Pkw-Maut). These hinder the free movement 
of persons and goods and the provision of services;6 

  Germany: restrictions on the provision of transport services and free movement of 

goods deriving from the German minimum wage law; 

4   Regulation (EC) No 550/2004. 
5  

6   MEMO/15/5162 and IP/15/5200. 

FABEC  (the  FAB  between  Germany,  Belgium,  France,  Netherlands,  Luxembourg  and  Switzerland  — 
MEMO/15/5356);  BLUEMED  (the  FAB  between  Italy,  Greece,  Cyprus,  and  Malta);  SOUTHWEST  (the  FAB 
between Spain and Portugal); and the UK/Ireland FAB. 

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  Germany,  Lithuania,  Slovakia  and  Slovenia:  failure  to  fulfil  air  safety  oversight 

obligations regarding initial and continuous airworthiness;7 
Italy: failure to correctly implement the Airport Charges Directive.8 

 

b)  The  Commission  referred  seven  cases  to  the  Court  under  Article  258  TFEU.  They 

concern: 

 

Austria:  failure  to  comply  with  EU  provisions  on  financial  transparency  in  the  rail 
transport sector;9 

  Czech  Republic:  incorrect  transposition  and  implementation  of  EU  railway  safety 

rules;10 

  Czech Republic: failure to establish a national electronic register of road transport 
undertakings and/or to connect it with the national electronic registers of the other 
Member States;11 

  Germany:  inadequate  monitoring  of  security  controls  at  some  airports.  Such 

monitoring is required by EU legislation;12 
Portugal: failure to connect to the EU driving licences network;13 
Portugal:  failure  to  connect  a  national  electronic  register  of  road  transport 
undertakings with the national electronic registers of the other Member States.14 
Spain: adoption and implementation of some port security plans.15 

 
 

 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

240 

115 

76 

94 

2011

2012

36 

2013

2014

2015

7   Regulation (EU) No 748/2012 and Regulation (EC) No 1321/2014. 
8   Directive 2009/12/EC. 
9   Directive 2012/34/EU, Commission v Austria, C-347/15, and IP/14/2132. 
10   Directive 2004/49/EC, Commission v Czech Republic, C-606/15 and IP/15/5828. 
11   Regulation (EC) No 1071/2009, Commission v Czech Republic, C-581/15 and IP/15/5829. 
12   Commission v Germany, C-481/15 and IP/15/5056. 
13   Directive No 2006/126/EC, Commission v Portugal, C-665/15 and IP/15/6013. 
14   Regulation (EC) No 1071/2009, Commission v Portugal, C-583/15 and IP/15/5829. 
15   Directive No 2005/65/EC, Commission v Spain, C-172/15 and IP/14/1039. 

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2.  New late transposition infringement cases opened in 2015: main policy sectors 

94 new late transposition infringement cases in 2015 

Road 
20 

Other 
4 

Maritime 
24 

Rail 
46 

3.  Key infringement cases and referrals to the Court 

a)  The Commission opened 94 cases for late transposition in 2015. Most concern: 

 
 

 

the Directive on a single European railway area (21 Member States);16 
the Directive on cross-border exchange of information on road-safety-related traffic 
offences (9 Member States);17 
the  Directive  on  certain  flag  State  responsibilities  for  compliance  with  and 
enforcement of the Maritime Labour Convention, 2006 (9 Member States).18 

b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Austria, Belgium, Denmark, Greece, Hungary, Ireland, Italy, Portugal and Romania: non-

conformity with the Railway Safety Directive;19 

  Austria, Greece, Italy, Luxembourg, Poland,  Portugal,  Sweden:  incorrect implementation 

of EU legislation on the rights of bus and coach passengers;20 

  Austria  and  Italy:  incorrect  implementation  of  EU  legislation  on  the  rights  of  passengers 

travelling by sea and inland waterways;21 

  Belgium  and  Denmark:  non-communication  of  national  measures  transposing  EU 

legislation on the charging of heavy goods vehicles;22 

  Belgium,  Bulgaria,  Cyprus,  France,  Ireland  and  Romania:  bad  application  (Belgium  and 
Cyprus) or non-conformity of national legislation with the Directive on driving licences as 
amended;23 

  Bulgaria and Greece: bad application of the 'single European sky' legislation; 
  Bulgaria  and  Romania:  failure  to  implement  the  Danube  functional  airspace  block 

effectively; 

  Cyprus: investigation and prevention of accidents and incidents in civil aviation; 

16   Directive 2012/34/EU. 
17   Directive 2015/413/EU. 
18   Directive 2013/54/EU. 
19   Directive 2004/49/EC. 
20   Regulation (EU) No 181/2011. 
21   Regulation (EU) No 1177/2010. 
22   Directive 2011/76/EU. 
23   Directive 2006/126/EC. 

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  Denmark:  alleged  discriminatory  treatment  against  Dutch  traditional  sailing  vessels  over 

compliance with the safety rules for passenger ships; 

  Germany: non-ratification of the Air Transport Agreement between Germany and the US; 
  Greece: non-ratification of the European Common Aviation Area Agreement; 
  Hungary, Luxembourg and Slovakia: connection to the driving licence network; 
 
  Latvia: incorrect implementation of the legislation on a European Electronic Toll Service24 
and  restrictions  on  freedom  of  establishment  for  the  provision  of  towage  services  in  the 
port of Riga; 

Ireland: national register of road transport undertakings; 

  Luxembourg, Portugal and Spain: interoperability of the rail system;25 
  Slovenia  and  Spain:  incorrect  implementation  of  the  Directive  establishing  a  single 

European railway area.26 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings27 

There were no major Court rulings in 2015. 

2.  Preliminary rulings 
In preliminary rulings: 

  Austria: the Court provided answers to questions related to the  definition  of ‘passenger’ 
regarding legislation on insurance requirements for air carriers and aircraft operators;28 
  Germany:  a  computerised  booking  system  must  indicate  the  final  price  to  be  paid,  not 
only for the air service selected by the customer but also for each service for which the 
price is displayed, including when the prices are indicated for the first time;29 

  Germany:  a  Member  State  is  not  precluded  from  refusing  to  recognise  the  validity  of  a 
driving licence issued by another Member State when the holder has engaged in unlawful 
conduct resulting in unfitness to drive;30 

  Netherlands: a technical problem which occurs unexpectedly, is not due to defective 

maintenance and which was not detected during regular tests does not exempt a carrier 
from its obligation to compensate passengers in the event of a flight cancellation.31 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  monitoring Member States' transposition of the Directive on the deployment of alternative 
fuels  infrastructure.  This  is  the  most  significant  directive  in  the  transport  area  to  be 
transposed in 2016;32 
following up Court cases on the separation of accounts in the railway sector and on the 
use  of  charges  for  railway  infrastructure,  as  well  as  a  case  on  slot  allocation  at  EU 
airports. 

 

24   Decision 2009/750/EC. 
25   Directive 2008/57/EC. 
26   Directive 2012/34/EU. 
27   These rulings are almost exclusively handed down on infringement procedures. 
28   Regulation (EC) No 785/2004, Wucher Helicopte and Euro-Aviation Versicherung, C-6/14. 
29   Air Berlin, C-573/13 and Court press release No 4/15. 
30   Aykul, C-260/13 and Court press release No 40/15. 
31  
32   Directive 2014/94/EU. 

van der Lans, C-257/14 and Court press release No 105/15. 

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Most indicators of compliance with EU legislation in the area of taxation and customs union 
improved in 2015. New complaints fell slightly while new EU Pilot files dropped by 38 %. The 
number of infringement cases pending at the end of the year was once again slightly lower, 
at half the 2011 level. However, late transposition cases increased, from zero in the previous 
year, due to the expiry of the deadlines for transposing two directives.  

I.  COMPLAINTS 

1.  New complaints received from members of the public (2011-2015) 

452 

429 

423 

410 

384 

2011

2012

2013

2014

2015

2.  Public complaints open a year-end 

321  >  Complaints open at end-2014 

 423  >  New complaints registered in 2015 

 409  >  Complaints handled in 2015 

= 335  >  Complaints open at end-2015 

3.  New complaints registered in 2015: main policy sectors 

423 complaints in 2015 

Indirect taxation 
- VAT 
158 

Indirect taxation 
- car taxation 
37 

Other 
68 

Direct taxation 
160 

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II.  EU PILOT 

1.  New EU Pilot files (2011-2015) 

169 

132 

130 

144 

90 

2011

2012

2013

2014

2015

2.  EU Pilot files open at year-end 

136 

>  EU Pilot files open at end-2014 

 90 

>  New EU Pilot files registered in 2015 

 84 

>  EU Pilot files handled in 2015 

= 142 

>  EU Pilot files open at end-2015 

3.  New EU Pilot files opened in 2015: main policy sectors 

90 EU Pilot files opened in 2015 

Customs 
14 

Other 
16 

Direct taxation 
24 

Indirect taxation 
- VAT 
36 

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4.  EU Pilot files: policies’ combined resolution rate in 2011-2015 

74% 

73% 

2011

68% 

56% 

2012

75% 

75% 

68% 

69% 

70% 

60% 

2013

2014

2015

Taxation and customs

General rate for all policy areas

III.  OWN-INITIATIVE CASES 

New own-initiative infringement cases 

In 2015, the Commission opened own-initiative infringement cases concerning: 

  Customs:  a  Member  State’s  cash  control  provisions  (relating  to  the  EUR  10 000 
threshold)  as  well  as  fees  charged  for  unloading  and  loading  goods,  which  may  be 
equivalent to customs fees; 
Indirect taxation:  

 

  difficulties in refunding VAT to taxable persons established outside the EU,  
 
 

the validity of tax markings on tobacco products, and  
the application of case law on taxation of leased cars; 

  Direct  taxation:  potential  tax  discrimination  against  EU  citizens  residing  in  a  Member 
State other than their own ('mobile persons'). Most of the infringement cases stem from 
an EU-wide study1 that aimed to identify such discrimination. 

IV. 

INFRINGEMENT CASES 

1.  Infringement cases open on 31 December (2011-2015) 

215 

193 

174 

130 

108 

2011

2012

2013

2014

2015

1  

IP/14/31. 

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2.  Infringement cases open on 31 December 2015: main policy sectors 

108 infringement cases in 2015 

Indirect taxation 
- VAT 
33 

Indirect taxation 
- excise duties 
12 

Other 
9 

Direct taxation 
54 

3.  New infringement cases opened in 2015: main policy sectors 

33 new infringement cases in 2015 

Indirect taxation 
- car taxation 
1 

Indirect taxation 
- excise duties 
3 

Indirect taxation 
- VAT 
15 

Direct taxation 
14 

4.  Key infringement cases and referrals to the Court 

a)  The Commission opened 33 new infringement cases in 2015. These, and other major 

ongoing infringement cases, concern: 

 

Slovakia:  registration  tax  on  imported  second-hand  cars.  No  depreciation  rates 
are applied to reflect their real market value when the tax is levied; 

  Netherlands: the ‘limitation on benefits’ clause in the Dutch-Japanese Tax Treaty. 
This grants better treatment to companies held by shareholders resident in Dutch 
territory (or listed on Dutch stock exchanges) than to comparable companies held 
by non-resident EU shareholders (or traded on other EU stock exchanges). 
Spain:  the  penalty  regime  introduced  for  the  so-called  ‘Modelo  720’  compulsory 
informative  declaration  of  foreign  assets.  This  may  restrict  the  fundamental  EU 
freedoms of Spanish tax residents. 

 

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b)  The  Commission  referred  nine  cases  to  the  Court  under  Article  258  TFEU.  They 

concern: 

  Belgium:  tax  legislation  discriminating  against  foreign  property  investments  by 
applying  different  methods  for  assessing  property-related  income  depending  on 
whether the real estate is in Belgium or elsewhere in the EU;2  

  Germany: application only to the health and medical sector of the VAT exemption 
granted to cost-sharing associations (taxpayers’ groups purchasing services from 
third  parties  jointly).  This  is  despite  the  VAT  Directive3  containing  no  sector-
specific limitations;  

  Greece:  car  registration  rules  which  levy  the  total  registration  tax  on  Greek 
residents even if they only rent or lease vehicles from non-Greek lessors, instead 
of requiring proportionate amounts;4 

  Greece:  rules  granting  a  tax  exemption  to  people  inheriting  property  in  Greece 

 

only if they are considered a Greek resident;5 
Ireland: the rule that the total registration tax is levied for cars rented or leased by 
Irish residents from lessors in other Member States and that the conditions for a 
partial refund of this tax at the end of the lease or rental period are unnecessarily 
harsh (i.e. disproportionate);6 

  Luxembourg: national VAT rules. These seem to contradict the VAT Directive by:  

 

limiting  the  reception  of  VAT-free  services  to  members  of  a  cost-
sharing  group  whose  taxed  activities  remain  below  30 %  (in  certain 
cases 45 %) of their annual turnover; and  

  allowing group members to deduct VAT charged to the group.7 

  Netherlands:  the  exemption  in  the  VAT  Directive8  for  the  supply  of  sport  or 
physical education services by  non-profit-making organisations. The Dutch rules 
both  restrict  and  expand  this  exemption.  On  the  one  hand,  exemptions  are 
granted  only  to  organisations  where  volunteers  supplied  these  services;  on  the 
other hand, the letting of berths and moorings for vessels was VAT-free even for 
non-sport purposes;9 

  Portugal:  the  regular  change  of  fiscal  stamps  on  cigarettes.  This  seems  to 
operate as a de facto sales and marketing prohibition which cannot be justified by 
the objective of combating fraud;10 

  Portugal: the depreciation rates on imported second-hand vehicles. These do not 
seem  to  be  calculated  on  the  basis  of  the  real  value  of  the  vehicle  (i.e.  no 
depreciation for cars less than one  year old and a uniform rate for all cars older 
than five years).11 

c)  The Commission did not refer any cases to the Court under Article 260(2)TFEU. 

d)  The Commission issued a reasoned opinion under Article 259 TFEU in a case initiated 
by  Bulgaria  against  Greece  over  the  latter’s  income  tax  legislation. The  Commission 
found  that  the  non-deductibility  from  tax  of  certain  cross-border  expenses,  and  the 
less favourable tax treatment of expenses incurred by certain non-Greek EU suppliers, 
restricted  free  movement  of  goods  and  services.  However,  it  concluded  that  the 

2   Commission v Belgium, C-589/14. 
3   Commission v Germany, C-616/15. 
4   Commission v Greece, C-66/15. 
5   Commission v Greece, C-244/15; IP/15/4675. 
6   Commission v Ireland, C-552/15. 
7   Commission v Luxembourg, C-274/15. 
8   Directive 2006/112/EC. 
9   Commission v Netherlands, C-22/15. 
10   Commission v Portugal, C-126/15. 
11   Commission v Portugal, C-200/15. 

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Greek-controlled  foreign  company  regime,  which  treated  domestic  and  cross-border 
firms  differently,  while  also  restrictive  to  the  freedom  of  establishment,  could  be 
justified  by  the  need  to  prevent  tax  abuse.  In  August  2015  the  Greek  Parliament 
repealed the legislative provision limiting the deductibility from income tax of expenses 
paid  to  contractors  in  countries  with  favourable  tax  regimes.  The  Commission 
welcomed  this  development.  The  Bulgarian  Government  subsequently  issued  a 
statement expressing its satisfaction with the revocation of the regime and stating that 
it will not refer the case to the Court of Justice. 

V.  TRANSPOSITION OF DIRECTIVES 

1.  New late transposition infringement cases (2011- 2015) 

38 

34 

18 

2011

2012

2013

11 

0 

2014

2015

2.  New late transposition infringement cases opened in 2015: main policy sectors 

11 new late transposition infringement cases in 2015 

Direct taxation 
4 

Indirect taxation 
- VAT 
7 

3.  Key infringement cases and referrals to the Court 

a)  The Commission opened 11 cases for late transposition in 2015. Most concerned: 
the Directive on administrative cooperation on taxation12 (4 Member States); 
a  Directive  amending  certain  Directives  regarding  the  French  outermost  regions 
and Mayotte in particular13 (5 Member States). 

 
 

12   Directive 2011/16/EU. 
13   Directive 2013/61/EU. 

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b)  The  Commission  did  not  refer  any  cases  to  the  Court  under Articles  258  and  260(3) 

TFEU. 

VI.  EARLY RESOLUTION OF INFRINGEMENT CASES 

Major cases closed without a Court judgment in 2015 

These concerned: 

  Belgium: laws on the representation rights of customs agents. The relevant provisions 

were subsequently amended on the specific issues covered by the infringement;  

  France:  the  requirement  to  designate  a  fiscal  representative  for  various  capital 
transactions,  which  is  considered  in  the  case  law  as  a  restriction  on  the  freedom  of 
establishment. The requirement was removed; 

  France:  rules  on  corporate  group  taxation.  These  were  changed  to  put  French-owned 

and non-French-owned groups on the same tax footing; 

 

  Hungary: measures establishing different excise  duty  rates for ethyl alcohol,  in breach 
of  the  Excise  Duty  Directive  on  alcohol  and  alcoholic  beverages.  The  measures  were 
repealed; 
Italy:  higher  excise duties  on certain categories  of cigarettes. These  were removed by 
applying  a  uniform  duty  as  required  by  the  Excise  Duty  Directive  on  manufactured 
tobacco products;  
Italy:  tax  treatment  of  resident  taxpayers  and  ‘Schumacker  non-residents’.  Tax  laws 
subsequently  introduced  comparable  procedural  and  substantial  rules  for  the  two 
categories.  

 

  Romania: unreasonable  delays  in  VAT refunds.14 Effective measures have been taken 

to ensure refunds are made within a reasonable time; 

  Spain: the general VAT exemption on medical equipment. The national rules have been 
changed so that the exemption is confined, in line with the VAT Directive, to devices that 
are used exclusively by disabled persons. 

VII. 

IMPORTANT JUDGMENTS 

1.  Court rulings15 

The Court ruled that: 

  Belgium: exempting the interest accrued on Belgian debt instruments from a withholding 
tax on condition that such instruments are deposited or credited to an account opened 
by a Belgian financial institution is incompatible with the free provision of services;16 
  France: the reduced VAT rate for digital books did not comply with the VAT Directive;17 
  France: exempting donations and bequests to public bodies from inheritance tax only if 
the beneficiary is established in France or in another Member State with which France 
has  concluded  a  bilateral  agreement  is  incompatible  with  the  free  movement  of 
capital;18 

  Germany: making a tax benefit (a deferral of capital gains tax due on the sale of assets 
located in Germany) subject to the condition that such gains are reinvested in Germany 
is incompatible with the right of establishment;19 

  Luxembourg:  the  reduced  VAT  rate  on  digital  books  did  not  comply  with  the  VAT 

Directive;20 

  Poland: the VAT exemption for certain medical equipment and pharmaceutical products 

went beyond the scope of what is allowed under the VAT Directive;21 

14   MEMO/13/820. 
15   These rulings are almost exclusively handed down on infringement procedures. 
16   Commission v Belgium, C-589/14. 
17   Commission v France, C-479/13 and Court press release No 30/15. 
18   Commission v France, C-485/14. 
19   Commission v Germany, C-591/13. 
20   Commission v Luxembourg, C-502/13. 

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  Sweden: the provider of the 'universal postal service should have been exempted from 

VAT in line with the VAT Directive.;22 

  UK: applying reduced VAT rates for the supply of energy-efficient products in houses did 

not comply with the VAT Directive;23 

  UK: the Commission’s claim that it is virtually impossible for non-resident companies to 

obtain cross-border group relief was to be dismissed.24 

2.  Preliminary rulings 

In preliminary rulings, the Court ruled that: 

  Austria:  allowing  the  parent  company  to  depreciate  the  goodwill  embedded  in  the 
shares  of  the  acquired  firm  only  for  domestic  subsidiaries  restricts  the  freedom  of 
establishment;25 

  Germany:  e-book  readers  with  translation  or  dictionary  functions  are  classified  as 
‘electronic apparatus having an individual function not specified elsewhere’  — and thus 
subject  to  a  conventional  rate  of  duty  amounting  to  3.7 %  —  instead  of  ‘electrical 
machine with dictionary function,’ which are duty free;26 

  Germany:  the  penalty  tax  for  holding  units  in  investment  funds  established  in  certain 
non-EU countries (such as the Cayman Islands) can result in less favourable treatment, 
even  by  restricting  the  free  movement  of  capital,  including  the  provision  of  financial 
services, if the provision already existed on 31 December 1993;27 

  Germany: the staggered taxation of the hidden reserves of assets used for professional 
purposes  over  a  period  of  five  years,  in  the  event  of  them  being  transferred  from  a 
German  to  a  Dutch  permanent  establishment  of  the  same  undertaking,  is  compatible 
with the freedom of establishment;28 

  Germany:  as  a  general  rule,  final  losses  of  a  foreign  subsidiary  cannot  be  taken  into 

account at the level of the parent company;29 

  Hungary:  the  system  of fines  laid  down  in  Hungarian  law  to  sanction  undeclared  cash 

was disproportionate;30 
Italy: if necessary to prevent serious VAT fraud, national courts must disapply the overall 
limitation in the sanction system and impose effective and dissuasive penalties;31 

 

  Latvia: the fact that a product bears a CE mark certifying conformity with the Directive 
on  medical  devices  cannot  be  regarded  as  decisive  regarding  its  assessment  for  tariff 
classification purposes;32 

  Poland: in principle, the real estate rent and the costs of public services (e.g. electricity, 
heating,  water  and  garbage  collection)  must  be  regarded  as  several  distinct  and 
independent supplies, to be assessed separately for VAT purposes;33 

  Poland:  the  Polish  ‘partnership  limited  by  shares’  must  be  regarded  as  a  capital 
company  for  the  purposes  of  the  Directive  concerning  indirect  taxes  on  the  raising  of 

21   Commission v Poland, C-678/13. 
22   Commission v Sweden, C-114/14. 
23   Commission v United Kingdom, C-161/14. 
24   Commission v United Kingdom, C-172/13. 
25   Finanzamt Linz, C-66/14. 
26   Amazon EU, C-58/14. 
27   Wagner-Raith, C-560/13. 
28   Verder LabTec, C-657/13. 
29   Timac Agro Deutschland, C-388/14. 
30   Chmielewski, C-255/14 and Court press release No 90/15. 
31   Taricco and others, C-105/14 and Court press release No 95/15. 
32   Oliver Medical, C-547/13. 
33   Wojskowa Agencja Mieszkaniowa w Warszawie, C-42/14. 

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capital, even if only some of its capital and members are able to satisfy the conditions 
laid down in the Directive;34 

  Poland: EU Directives on excise duty do not preclude a Member State from applying an 
identical  tax  system  for  products  outside  the  scope  of  those  Directives  (such  as 
lubricating oils not used in vehicles or for heating);35 

  Poland: public law bodies, such as budgetary entities carrying out economic activities in 
the name and on behalf of a municipality, cannot be regarded as taxable persons for the 
purposes of VAT;36 

  Sweden:  the  exchange  of  traditional  currency  for  units  of  the  ‘bitcoin’  virtual  currency 

and vice versa constitutes a supply of services exempt from VAT.37 

  Sweden:  if  capital  gains  on  holdings  for  business  purposes  are  exempted  from  tax 
under  national  rules,  the  Member  State  is  not  obliged  to  grant  a  deduction  if  losses 
occur on such holdings, even if they are due to currency changes.38 

VIII.  OUTLOOK 

Important implementation work in 2016 includes: 

  Customs: handling efficiently any complaints and infringements during the transition to 

the Union Customs Code from the Community Customs Code; 
Indirect taxation: 

 

  applying  Court  judgments  to  all  member  States,  especially  the  case  law  on 

car registration taxes,  

  pursuing  theinitiative  to  harmonise  VAT  reimbursements  to  recipients  not 

registered as taxpayers in the Member State, and  

  checking the proportionality of national excise duty rules (such as the validity 
of fiscal marks allowing the marketing of excise goods, such as cigarettes); 

  Direct taxation:  

  completing checks on all Member States' compliance with the rules on cross-

border inheritances and cross-border workers,  

  proceeding with the third initiative (mobile persons), and  
 

launching a study on discriminatory tax obstacles to cross-border investment 
by pension funds and life insurance companies. 

34   Drukarnia Multipress, C-357/13. 
35   Oil Trading Poland, C-349/13. 
36   Gmina Wrocław, C-276/14. 
37   Hedqvist, C-264/14 and Court press release No 128/15. 
38   X AB v Skatteverket, C-686/13. 

100