In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.

In the list of July infringements, there is 1 energy-related letter of formal notice, 1 reasoned opinion and 1 referral to the Court of Justice.

Letters of formal notice

Commission calls on BULGARIA, ESTONIA, IRELAND, SPAIN, ITALY, LITHUANIA, AUSTRIA, SLOVAKIA and FINLAND to comply with the Methane Regulation
Today the European Commission decided to send letters of formal notice to Bulgaria (INFR(2025)2115), Estonia (INFR(2025)2114), Ireland (INFR(2025)2112), Spain (INFR(2025)2118), Italy (INFR(2025)2111), Lithuania (INFR(2025)2110), Austria (INFR(2025)2116), Slovakia (INFR(2025)2108) and Finland (INFR(2025)2113), for breaching the Methane Regulation (EU) 2024/1787 by failing to appoint, and notify to the Commission, a competent authority responsible for monitoring and enforcing the application of the rules. The EU Methane Regulation tackles methane emissions in the crude oil, natural gas and coal sectors. It aims to improve measurement and reporting of methane emissions in the EU, to foster their abatement, and to increase transparency in the EU and globally. It also incentivises the EU’s international partners to measure, report and reduce their methane emissions. Member States had to notify to the Commission the names and contact details of their competent authorities by 5 February 2025. the Commission notes that the Member States in question have still not fulfilled this obligation. The Commission is therefore sending letters of formal notice to Bulgaria, Estonia, Ireland, Spain, Italy, Lithuania, Austria, Slovakia and Finland, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Commission urges IRELAND, LATVIA and PORTUGAL to fully transpose EU rules accelerating permitting procedures for renewable energy projects
Today, the European Commission decided to send reasoned opinions to Ireland (INFR(2024)0231), Latvia (INFR(2024)0237) and Portugal (INFR(2024)0245) for failing to fully transpose into national law the provisions of the revised Renewable Energy Directive related to the simplification and acceleration of permitting procedures. The amending Directive (Directive (EU) 2023/2413, amending Directive (EU) 2018/2001) entered into force in November 2023 and certain provisions had to be transposed into national law by 1 July 2024. These provisions aim to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest. In September 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national law. After having examined the transposition measures notified by Ireland, Latvia and Portugal, the Commission has concluded that the three Member States have not yet fully transposed the provisions related to the simplification and acceleration of permitting procedures. The Commission is therefore sending reasoned opinions to these three Member States, which now have two months to respond and take the necessary measures to complete the transposition. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union with a request to impose financial sanctions.

Referral to the Court of Justice

The Commission decides to refer HUNGARY to the Court of Justice of the European Union for contradicting the Union’s position on intra-EU arbitrations under the Energy Charter Treaty
Today, the European Commission decided to refer Hungary (INFR(2024)2206) to the Court of Justice in an infringement case over its unilateral declaration contradicting a ruling of the Court of Justice and the Union’s position vis-à-vis the arbitration clause of the Energy Charter Treaty. In the Komstroy judgement, the Court of Justice held that the arbitration clause of the Energy Charter Treaty is not applicable to disputes between a Member State and an investor from another Member State concerning an investment made by the latter in the first Member State. Hungary adopted a unilateral declaration claiming that the Komstroy judgment only applies for future intra-EU investor-State arbitration proceedings and that this effect for the future will only start once the Energy Charter Treaty has been amended. The Commission had sent a letter of formal notice in July 2024 followed by a reasoned opinion in March 2025. The Commission considers that Hungary is in breach of the duty of sincere cooperation enshrined in Article 4(3) of the Treaty of the European Union because it openly expressed a unilateral, different position from that of the EU. By adopting its Declaration, Hungary also violated the general principles of autonomy, primacy, effectiveness, and uniform application of Union law. Hungary has maintained its position and the Commission is therefore referring Hungary to the Court of Justice of the European Union. More information is in the press release.

 

For more information on the EU infringement procedure, see the full press release and Q&A. For more detail on the history of a case, you can consult the infringement decisions’ register.