EUROPEAN COMMISSION

Brussels,12.7.2018

SWD(2018) 379 final

COMMISSION STAFF WORKING DOCUMENT

Part III: Member States

Accompanying the document

REPORT FROM THE COMMISSION

Monitoring the application of European Union law
2017 Annual Report

{COM(2018) 540 final}

{SWD(2018) 377 final}

{SWD(2018) 378 final}

Belgium    

Bulgaria    

Czech Republic     16

Denmark    

Germany    

Estonia    

Ireland    

Greece    

Spain    

France    

Croatia    

Italy    

Cyprus    

Latvia    

Lithuania    

Luxembourg    106

Hungary    112

Malta    119

Netherlands    125

Austria    132

Poland    139

Portugal    146

Romania    153

Slovenia    160

Slovakia    166

Finland    172

Sweden    178

United Kingdom    184

Methodology and explanations    191

Belgium

I.COMPLAINTS

1.New complaints made against Belgium by members of the public (2013-2017)

2.Public complaints against Belgium open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Belgium (2013-2017)

2.Files relating to Belgium open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: policy areas

4.EU Pilot files: Belgium’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Belgium open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 30 new infringement cases against Belgium in 2017. These, and other major ongoing infringement cases, include:

·lack of waste management plans and waste prevention programmes required under the Waste Framework Directive 1 ;

·failure to establish strategic noise maps and action plans required by the Noise Directive 2 ;

·bad application of the Directive establishing the fundamental principles governing the investigation of accidents in the maritime transport sector 3 ;

·incorrect implementation of the Airspace Regulation and the Regulation on common rules for the flexible use of airspace 4 ;

·non-communication of national measures transposing the:

oDirective on radioactive substances in water intended for human consumption 5 ;

oMarkets in Financial Instruments Directive (MiFID II) 6 ;

oDirective on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer 7 ;

oDirective 8 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 9 ;

oFourth Anti-Money Laundering Directive;  10

oPayment Accounts Directive 11 ;

oamending Nuclear Safety Directive 12

·failure to carry out analysis of the relevant telecom markets on time 13 .

b)The Commission referred the following case to the Court under Article 258 TFEU.

·The Belgian tax laws apply different methods when assessing rents earned from real estate. They attribute a higher value to real estate located abroad than to comparable real estate in Belgium. The rules thus favour investments in Belgian real estates over that in other Member States. This may be contrary to the free movement of capital 14 .

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Belgium open on 31 December (2013-2017)

2.New late transposition infringement cases against Belgium (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

The Commission referred two cases to the Court under Articles 258 and 260(3) TFEU. They concerned:

·failure to fully implement the Single Permit Directive, which introduces simplified procedures and a common set of rights for non-EU workers 15 ;

·non-communication of measures transposing the Broadband Cost Reduction Directive 16 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·incorrect application of the Directive on the protection of pigs as regards group housing of sows 17 ;

·aligning the national law on police officers with the Working Time Directive 18 ;

·non-conform transposition of the Environmental Liability Directive 19 ;

·incomplete transposition of the Transparency Directive 20 ;

·non-communication of national measures transposing the:

oSolvency II Directive 21 ; Omnibus II Directive in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority 22 ; Accounting Directive 23 ; and Transparency Directive 24 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 25 .

·incorrect application of the Railway Safety Directive 26 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Belgian judiciary.

·The denial of refugee status due to participation in terrorist activities is not confined to the commitment of a terrorist act. An asylum application can be rejected if the asylum-seeker participated in the activities of a terrorist network, for example by providing logistical support to the terrorist group, even without personally committing or instigating terrorist acts 27 .

·A general and absolute prohibition of any advertising relating to the provision of oral and dental care services and the establishment of certain requirements of discretion regarding signs of dental practices violates the freedom to provide services 28 .

·Member States are not required, under EU law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum. They remain free to do so, on the basis of their national law. EU law establishes only the procedures and conditions for issuing visas for transit through or intended stays on the territory of the Member States not exceeding 90 days 29 .

·Belgian rules are contrary to the free movement of workers in requiring resident workers to register their own car in Belgium, if the car is already registered in another Member State and is intended to be used primarily it in that other State 30 .

·When determining the competent jurisdiction in relation to employment contracts of members of an airline crew, the Court used a set of indicators to determine the “Member State where the employee habitually carries out his work” and retained that the “home base” amounts to a significant indicator. The Court also underlined that the jurisdiction clauses obliging those aircrew members to bring actions in Ireland were not enforceable against the employees as not meeting the conditions of the Regulation in question 31 .

·Article 56 TFEU and Article 36 EEA preclude the Belgian national legislation that imposes discriminatory conditions for savings deposits in order to benefit from a tax exemption 32 .

·The Parent-Subsidiary Directive 33 precludes the Belgian legislation on the ‘Fairness Tax’. This taxes dividends received from subsidiaries and exempted under the Directive in the hands of the parent company when they are redistributed by that company 34 .

Bulgaria

I.COMPLAINTS

1.New complaints made against Bulgaria by members of the public (2013-2017)

2.Public complaints against Bulgaria open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Bulgaria (2013-2017)

2.Files relating to Bulgaria open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Bulgaria’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Bulgaria open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 29 new infringement cases against Bulgaria in 2017. These, and other major ongoing infringement cases, include:

·lack of implementation of certain obligations under EU document security legislation 35 ;

·non-compliance with the Railway Safety Directive by failing to ensure the independence of the investigating body 36 ;

·cash control, proportionality of national fines 37 ;

·non-compliant transposition of the Extractive Waste Directive 38 ;

·failure to ensure that urban waste water is adequately treated 39 ;

·non-communication of national measures transposing the:

oFourth Anti-Money Laundering Directive 40 ;

oMaritime Spatial Planning Directive 41 ;

oDirective on caseins and caseinates 42 ;

oMarkets in Financial Instruments Directive (MiFID II) 43 ;

oDirective on the organisation of working time in inland waterway transport 44 ;

oDirective laying down calculation methods and reporting requirements 45 pursuant to a Directive relating to the quality of petrol and diesel fuels 46 .

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

·failure to protect unique habitats and important bird species in the Rila Mountains 47 .

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Bulgaria open on 31 December (2013-2017)

2.New late transposition infringement cases against Bulgaria (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·disproportionate fees for issuing residence permits to third-country nationals;

·failure to correctly transpose and ensure the effective application of the Directive on the energy performance of buildings 48 ;

·non-conformity with the Audiovisual Media Services Directive 49 ;

·failure to make available to the Commission flood hazard and risk maps;

·failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 50 ;

·groundhandling services at Sofia Airport 51 ;

·failure to put in place a procedure for the registration of a European Electronic Toll Service 52 ;

·non-communication of national measures transposing the:

oDirective on recognition of professional qualifications 53 ;

oDirective on caseins and caseinates 54 ;

oCommission Directive 55 amending the Groundwater Directive 56 ;

oSolvency II Directive 57 ;

oOmnibus II Directive in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority 58 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 59 ;

oTransparency Directive 60 ;

oAccounting Directive 61 ;

oDirective on driving licences 62 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 63

The Court ruled that:

·Bulgaria has failed to comply with the Air Quality Directive by exceeding the daily and/or annual limit values for PM10 64 concentrations systematically and continuously in certain zones and agglomerations, and by not keeping the exceedance period as short as possible 65 .

2.Preliminary rulings

In a preliminary ruling addressed to the Bulgarian judiciary, the Court held that:

·the Third Energy Package does not preclude national legislation limiting the number of holders of electricity transmission licences for a particular territory 66 .

Czech Republic

I.COMPLAINTS

1.New complaints made against the Czech Republic by members of the public (2013-2017)

2.Public complaints against the Czech Republic open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against the Czech Republic (2013-2017)

2.Files relating to the Czech Republic open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Czech Republic’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against the Czech Republic open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 32 new infringement cases against the Czech Republic in 2017. These, and other major ongoing infringement cases, include:

·non-compliance with the obligations under the 2015 Council Decisions on relocation of migrants from Greece and Italy 67 ;

·incorrect transposition and application of the Energy Performance of Buildings Directive 68 ;

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity and Gas Directives) 69 ;

·non-compliance with the Directive on the interoperability of the rail system 70 ;

·non-communication of national measures transposing the:

oDirectives on the registration of suppliers and of varieties and the common list of varieties, on requirements for the labelling, sealing and packaging of fruit plant propagating material and on the specific requirements for the genus and species of fruit plants 71 ;

oDirective 72 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 73 ;

oDirective on the organisation of working time in inland waterway transport 74 ;

·failure to adopt a national programme for spent fuel and radioactive waste management compliant with the requirement of the Radioactive Waste Directive 75 ;

·failure to establish strategic noise maps and action plans required by the Noise Directive 76 .

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

·non-compliance with the obligations under the 2015 Council Decisions on relocation of migrants from Greece and Italy 77 ;

·illegal shipment of hazardous waste to Poland 78 .

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against the Czech Republic open on 31 December (2013-2017)

2.New late transposition infringement cases against the Czech Republic (2013-2017)

3.New late transposition infringement cases opened in 2017: policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·placing on the market of certain plant protection products that were not authorised under EU legislation 79 ;

·non-communication of national measures transposing the:

oCommission Directive 80 amending the Groundwater Directive 81 ;

oTransparency Directive 82 ;

oAccounting Directive 83 .

·bad application of the Directive on driving licences 84 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Czech judiciary.

·A Member State may not detain an applicant for international protection for the purpose of securing a procedure for transferring her to another Member State if the objective criteria for assessing the risk of absconding are not defined in its legislation (even if those criteria are apparent from the case-law or the administrative practice of that Member State) 85 .

·A collision between an aircraft and a bird is an extraordinary circumstance exempting the carrier from the obligation to pay compensation in the event of significant delay. That delay cannot be justified by the alleged need to carry out a second check where an authorised expert found that the aircraft was airworthy after the collision 86 .

Denmark

I.COMPLAINTS

1.New complaints made against Denmark by members of the public (2013-2017)

2.Public complaints against Denmark open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Denmark (2013-2017)

2.Files relating to Denmark open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

In 2017, the Commission opened 2 EU Pilot files against Denmark. Both files were opened in the area of environment.

4.EU Pilot files: Denmark’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Denmark open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 19 new infringement cases against Denmark in 2017. These, and other major ongoing infringement cases, include:

·failure to comply with reporting obligations under EU waste legislation 87 ;

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity Directive 88 and Gas Directive 89 );

·failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive 90 ;

·non-conformity of the Danish regime applicable to combined transport operations 91 ;

·non-communication of national measures transposing the amending Nuclear Safty Directive 92 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Denmark open on 31 December (2013-2017)

2.New late transposition infringement cases against Denmark (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·incorrect implementation of the EU Customs Code by not requiring certain data for a customs declaration 93 ;

·non-communication of national measures transposing the:

oCommission Directive 94 amending the Groundwater Directive 95 ;

oDirective on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms; Banking Recovery and Resolution Directive; and  Transparency Directive;  96

oDirective on placing on the market of explosives for civil uses 97 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 98 .

·failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive 99 ;

·failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 100 ;

·incorrect transposition of Driving Licences Directive 101 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

No major preliminary rulings were addressed to the Danish judiciary in 2017.

Germany

I.COMPLAINTS

1.New complaints made against Germany by members of the public (2013-2017)

2.Public complaints against Germany open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Germany (2013-2017)

2.Files relating to Germany open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Germany’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Germany open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 23 new infringement cases against Germany in 2017. These, and other major ongoing infringement cases, include:

·failure to comply with reporting obligations under EU waste legislation 102 ;

·failure to comply with the NO2 limit values set by the Air Quality Directive 103 ;

·failure to establish action plans required by the Noise Directive 104 ;

·reluctance by the tax administration to inform VAT refund applicants in certain cases, which may result in EU businesses losing those refund rights;

·non-compliance with the Directive on the interoperability of the rail system 105 ;

·incorrect transposition of the Railway Safety Directive 106 ;

·non-communication of national measures transposing the:

oDirective laying down calculation methods and reporting requirements 107 pursuant to a Directive relating to the quality of petrol and diesel fuels 108 ;

oDirective on the organisation of working time in inland waterway transport 109 ;

oDirectives on the registration of suppliers and of varieties and the common list of varieties, on requirements for the labelling, sealing and packaging of fruit plant propagating material and on the specific requirements for the genus and species of fruit plants 110 .

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

·authorisation of a car manufacturer to place vehicles on the EU market using a banned greenhouse gas in their air-conditioning systems 111 ;

·imposition of excessive and unjustified obstacles to the provision of services across the internal market 112 ;

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Germany open on 31 December (2013-2017)

2.New late transposition infringement cases against Germany (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned the following.

·Incorrect transposition into national law of the Directive on unfair commercial practices 113 .

·Non-implementation of Regulations in the area of aviation safety (lack of appropriate recourses) 114 .

·Non-compliance with the Schengen Borders Code 115 .

·Incorrect transposition of the Waste Framework Directive 116 .

·Breach of EU law by German legislation on a user charge for passenger cars (‘PKW-Maut’).

·Non-ratification and non-deposition of ratification instruments of the Revised Convention and the Protocol of Accession of the EC to the Eurocontrol International Convention.

·Lack of resources to conduct duties attributed to Civil Aviation Competent Authority 117 .

·Lack of definition of ‘normal residence’ for the purpose of temporary car import from another Member State; refusal to exempt from motor vehicle tax the cars of people who return to their non-German place of normal residence every weekend but during the working week commute between their temporary residence and working place, both in Germany.

·The special maintenance allowance under inheritance law. This was extended to non-German surviving spouses (registered partners) upon inheriting a German estate or investment when neither the deceased nor the heir are tax-resident in Germany 118 .

·non-communication of measures transposing the:

oDirective on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles 119 ;

oDirective on trafficking in human beings 120 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 121 ;

oDirective on disclosure of non-financial and diversity information by certain large undertakings 122 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 123

The Court gave the following rulings.

·Germany failed to fulfil its obligations under the Habitats Directive by authorising the construction of a coal-fired power plant in Moorburg, near Hamburg, without conducting an appropriate and comprehensive assessment of its implications 124 .

·Germany failed to fulfil its port security obligations in relation to port boundaries, port security assessments and port security officers 125 .

·As the VAT Directive exempts from VAT all services provided by cost-sharing groups 126 to their members (under certain common conditions), the German rule that restricted this kind of VAT exemption to cost-sharing groups operating in the medical and healthcare sector violated EU law 127 .

·Member States have to ensure that the accounts of railway undertakings are kept in a way that makes it possible to monitor the prohibition of transferring public funds earmarked for the management of railway infrastructure to transport services 128 .

·As the European Commission did not adopt a financial correction decision related to the European Regional Development Fund within the six-month deadline indicated in the relevant Regulation, the decision has been annualed on procedural grounds 129 .

2.Preliminary rulings

The Court addressed the following preliminary rulings to the German judiciary.

·Purely plant-based products cannot, in principle, be marketed with designations such as ‘milk’, ‘cream’, ‘butter’, ‘cheese’ or ‘yoghurt’, which are reserved by EU law for animal products. This prohibition applies even if those designations are accompanied by clarifying or descriptive terms indicating the plant origin of the product concerned. This prohibition however does not apply if the product is mentioned on a list of exceptions set out in a Commission decision 130 .

·A sorbet may be sold under the name ‘Champagner Sorbet’ if it has, as one of its essential characteristics, a taste attributable primarily to champagne. If that is the case, that product name does not take undue advantage (and therefore does not exploit the reputation) of the protected designation of origin (PDO) ‘champagne’. A PDO is protected not only against false or misleading indications which may create a false impression as to the origin of the product, but also against false or misleading indications relating to the nature or essential qualities of the product 131 .

·Substances which have not be registered at the time of their import into the territory of the EU in accordance with the REACH Regulation may be exported outside that territory 132 .

·The legal aid granted by the Member State of the court hearing a case, in which a natural person domiciled or resident in another Member State has submitted a legal aid application in the context of a cross-border dispute, also covers the costs paid by that person for the translation of the supporting documents necessary for the processing of that application 133 .

·The Rome III Regulation 134 does not apply to private divorce (i.e. a divorce which is not pronounced by a court or public authority), such as a unilateral declaration made by a spouse before a religious court (for example, under sharia law). The Rome III Regulation aims at facilitating cross-border divorces by determining which national law, of all those potentially applicable, should be applied by the courts of Member States to resolve the divorce 135 .

·The concept of ‘basic rate’, referred to in the Directive on consumer rights 136 , means that charges for the use of a telephone helpline operated by the trader, in order to contact him in relation to a concluded contract, may not exceed the cost of a call to a standard geographic landline or mobile telephone line. This is regardless of whether the relevant trader does or does not make a profit through that telephone helpline 137 .

·The efficient management of migration flows may justify a national measure requiring nationals of third countries under the age of 16 to hold a residence permit in order to enter and reside in that Member State. However, such a measure is not proportionate when it concerns child nationals of third countries born in the Member State in question and one of whose parents is a Turkish worker lawfully residing in that Member State 138 .

·Member States enjoy a wide discretion in refusing to admit third country students who plan to carry out research in that Member State in a field that is sensitive for public security, if the elements available provide a sufficiently solid factual basis to fear that the knowledge acquired by that person during research may subsequently be used for purposes contrary to public security 139 .

·EU law precludes the application of national provisions providing for a review of the equity of charges for the use of railway infrastructure, on a case-by-case basis, by the ordinary courts, and the possibility, if necessary, of amending the amount of those charges, independently of the monitoring performed by the regulatory body provided for in EU law 140 .

·The representation and collective defence of the employees’ interests in the management or supervisory bodies of a company founded under national law is a non-harmonised and non-coordinated field from the point of view of EU law. A Member State may therefore adopt legislation applicable only to workers employed by companies located in its national territory 141 .

·The German anti-abuse measures concerning dividend payments to foreign companies without genuine activity were incompatible, in the respective tax years, with both the Parent-Subsidiary Directive and the freedom of establishment 142 .

·It is incompatible with the free movement of workers that the German law does not allow residents working in another Member State to deduct, from their income tax base, their pension and health insurance contributions which were deducted from their wages in the Member State of employment, in contrast to comparable contributions paid to the German social security. This also applies where under a double-taxation Convention the income from the source state must not be taxed in the worker’s Member State of residence but merely increases the tax rate to be applied to other income 143 .

·The authorities of a Member State may not refuse to recognise the change of name by a dual EU-national in one of the Member States of his nationalities, subject to the condition that that name must have been acquired during a period of habitual residence in that other Member State, unless there are other provisions of national law which effectively allow the recognition of that name 144 .

·In relation to customs valuation, a flat-rate adjustment based on transfer pricing arrangements, and made after the accounting period, cannot be taken into account when establishing the transaction value of imported goods 145 .

·The age limit of 65 years established under EU legislation for pilots of commercial aircraft transporting passengers, cargo or mail is justified by the aim of ensuring civil aviation safety 146 .

·The general rules protecting consumers also apply against unfair terms in contracts of carriage by air. When publishing their air fares, air carriers must specify separately the amounts payable in respect of taxes, airport charges and other charges, surcharges or fees 147 .

·For the purpose of calculating compensation payable to passengers in the event of cancellation or long delay of a connecting flight, the concept of ‘distance’ relates only to the radial distance. This is the distance calculated between the first point of departure and the final destination on the basis of the ‘great circle’ method and regardless of the actual distance flown 148 .

Estonia

I.COMPLAINTS

1.New complaints made against Estonia by members of the public (2013-2017)

2.Public complaints against Estonia open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Estonia (2013-2017)

2.Files relating to Estonia open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Estonia’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Estonia open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 17 new infringement cases against Estonia in 2017. These, and other major ongoing infringement cases, include:

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity and Gas Directives) 149 ;

·non-communication of national measures transposing the:

oMarkets in Financial Instruments Directive (MiFID II) and Audit Directive 150 ;

oFourth Anti-Money Laundering Directive 151 ;

oDirective 152 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 153 ;

oDirective on the organisation of working time in inland waterway transport 154 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Estonia open on 31 December (2013-2017)

2.New late transposition infringement cases against Estonia (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·lack of implementation of certain obligations under EU document security legislation 155 ;

·non-communication of national measures transposing the:

oDirective on seasonal workers 156 ;

oAccounting Directive and Directive on undertakings for collective investment in transferable securities 157 ;

oDirective establishing a single European railway area 158 ;

·failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 159 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 160

There were no major Court rulings in 2017.

1.Preliminary rulings

No major preliminary rulings were addressed to the Estonian judiciary in 2017.

Ireland

I.COMPLAINTS

1.New complaints made against Ireland by members of the public (2013-2017)

2.Public complaints against Ireland open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Ireland (2013-2017)

2.Files relating to Ireland open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Ireland’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Ireland open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 29 new infringement cases against Ireland in 2017. These, and other major ongoing infringement cases, include:

·failure to implement the Schengen Information System 161 ;

·failing to fully implement the Prüm Decisions, which set up an information-exchange tool that can offer automated comparison of DNA profiles, fingerprint data and vehicle registration data 162 ;

·failure to comply with reporting obligations under EU waste legislation 163 ;

·non-reporting of flood risk management plans under the Floods Directive 164 ;

·late adoption of the second round of river basin management plans under the Water Framework Directive 165 ;

·incorrect application of the Directive on the mutual recognition of seafarers’ certificates issued by Member States 166 ;

·failure to carry out analysis of the relevant telecom markets on time 167 ;

·bad application of the Directive establishing the fundamental principles governing the investigation of accidents in the maritime transport sector 168 ;

·non-communication of national measures transposing the:

oFourth Anti-Money Laundering Directive 169 ;

oDirective on disclosure of non-financial and diversity information by certain large undertakings 170 ;

oDirective on seafarers 171 .

b)The Commission referred two cases to the Court under Article 258 TFEU. They involve the following infringements.

·Failure to ensure adequate collection and treatment of urban waste water 172 .

·Failure to apply properly the EU rules on fiscal marking 173 of fuel. Under the rules fishing vessels (among others) may benefit from a lower tax rate on their fuels; however, private leisure boats must use fuel subject to a standard rate. In addition, private leisure boats using marked fuel risk heavy penalties abroad charged by the authorities of other Member States 174 .

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Ireland open on 31 December (2013-2017)

2.New late transposition infringement cases against Ireland (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 175 ;

·non-communication of national measures transposing the:

oDirective on recognition of professional qualifications 176 ;

oDirective on attacks against information systems 177 ;

oDirective on over-reliance on credit ratings 178 .

VI.IMPORTANT JUDGMENTS

1.Court ruling 179

·The Court ruled that Ireland’s legislation levied the full amount of car tax on leased or rented vehicles even if the precise duration of the lease or rent is known (e.g. based on a leasing or rental contract). Even though the amount levied in excess is refunded once the vehicle is registered in another country, the rules qualify as a disproportionate obstacle to the freedom to provide services 180 .

2.Preliminary rulings

The Court addressed the following preliminary ruling to the Irish judiciary.

·An EU citizen who, after more than 1 year, has ceased to work in a self-employed capacity in another Member State for reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State 181 .

Greece

I.COMPLAINTS

1.New complaints made against Greece by members of the public (2013-2017)

2.Public complaints against Greece open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Greece (2013-2017)

2.Files relating to Greece open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Greece’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Greece open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 30 new infringement cases against Greece in 2017. These, and other major ongoing infringement cases, include:

·non-communication of national measures transposing the:

oFourth Anti-Money Laundering Directive 182 ;

oMarkets in Financial Instruments Directive (MiFID II) 183 ;

oDirective on seafarers 184 ;

oDirective 185 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 186 ;

oDirective on recognition of professional qualifications 187 ;

oMaritime Spatial Planning Directive 188 .

·incorrect transposition and application of the Energy Performance of Buildings Directive 189 ;

·failing to fully implement the Prüm Decisions, which set up an information-exchange tool that can offer automated comparison of DNA profiles, fingerprint data and vehicle registration data 190 ;

·disproportionate charges for residence permits under the Directives on legal migration 191 ;

·failure to establish nitrates action programmes for all nitrate vulnerable zones, as required under the Nitrates Directive 192 ;

·failure to comply with reporting obligations under EU waste legislation 193 ;

·non-reporting of flood risk management plans under the Floods Directive 194 ;

·late adoption of the second round of river basin management plans under the Water Framework Directive 195 ;

·failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive 196 ;

·failure to establish strategic noise maps and action plans required by the Noise Directive 197 ;

·excessive delays in the examination of applications for recognition of professional qualifications from other Member States;

·failure to comply with EU rules on late payments 198 .

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

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

·This concerns a failure to comply with a 2008 Commission decision ordering the recovery of unlawful State aid from Hellenic Shipyards, and with a 2012 Court ruling finding that Greece had failed to implement the said Commission decision. The Commission asked the Court to impose a daily penalty payment of EUR 34 974 until full compliance with EU law is ensured, as well as a lump sum payment. The Commission proposed the latter should be calculated by multiplying EUR 3 828 by the number of days elapsed between the date of the first Court judgment and the date of compliance or the date of the second Court judgment 199 .

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Greece open on 31 December (2013-2017)

2.New late transposition infringement cases against Greece (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·non-communication of national measures transposing the:

oDirective on recognition of professional qualifications 200 ;

oDirective on explosives for civil uses 201 ;

oSolvency II Directive 202 ;

oTransparency Directive 203 ;

oAccounting Directive 204 ;

oOmnibus II Directive, in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority 205 .

·lack of implementation of certain obligations under EU document security legislation 206 ;

·excessive delays in the examination of applications for recognition of professional qualifications from other Member States;

·non-compliance of national legislation on gambling with EU rules; 207 ;

·failure to make available to the Commission flood hazard and risk maps;

·failure to prepare and communicate the monitoring programmes required by the Marine Strategy Framework Directive 208 ;

·non-compliance with the Regulation on management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea regarding the obligation to adopt a national management plan for fisheries conducted by boat seines within its territorial waters 209 ;

·incorrect application of the Regulation on waterborne passenger rights 210 ;

·restrictions on free movement of capital in the Hellenic Telecommunications Company (OTE).

VI.IMPORTANT JUDGMENTS

1.Court rulings 211

The Court gave the following rulings.

·Greece has failed to fulfil its obligations under EU law by tolerating the operation of the Temploni waste landfill on the island of Corfu, which does not satisfy the conditions and requirements laid down by EU directives on waste 212 .

·Greece has failed to provide adequate treatment of urban waste water in several smaller agglomerations 213 .

·Greece has failed to calculate and report on the cost-optimal levels for the energy performance requirements in buildings, in violation of the Energy Performance of Buildings Directive 214 .

·Legacies bestowed on certain non-profit entities established in Greece benefited automatically from a preferential tax rate of 0.5 %; however, similar non-profit entities from other Member States could benefit from this tax rate only in case of reciprocity (without it, the tax rate varied 20-40 %). As the Greek measure could vastly reduce the value of the bequeathed property, it restricted the free movement of capital 215 .

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Greek judiciary.

·A law that lays down, as a criterion for admission to a police school, a minimum height requirement irrespective of sex may constitute indirect sex discrimination against women. The objective of ensuring the effective accomplishment of the task of the police could be achieved by measures that are less disadvantageous to women, such as a pre-selection of candidates allowing their physical ability to be assessed 216 .

·A Member State may adopt an order for the removal of a citizen who constitutes a serious threat to public security based on the sole finding that a previous exclusion order was still valid 217 .

Spain

I.COMPLAINTS

1.New complaints made against Spain by members of the public (2013-2017)

2.Public complaints against Spain open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Spain (2011-2017)

2.Files relating to Spain open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Spain’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Spain open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 27 new infringement cases against Spain in 2017. These, and other major ongoing infringement cases, include:

·non-communication of national measures transposing the:

oFourth Anti-Money Laundering Directive 218 ;

oDirective establishing a single European railway area 219 ;

oDirective on recognition of professional qualifications 220 ;

oDirective 221 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 222 ;

oMarkets in Financial Instruments Directive (MiFID II) 223 ;

oPayment Accounts Directive 224 ;

oDirective on disclosure of non-financial and diversity information by certain large undertakings 225 ;

·the penalty regime under the ‘Modelo 720’ (a compulsory declaration on tax residents’ assets located abroad) may be disproportionate and thus contrary to, among other things, the free movement of capital 226 ;

·discriminatory practices affecting the marketing of food supplements 227 ;

·restrictions on imports of homeopathic medicines 228 ;

·failure to comply with the Late Payment Directive 229 ;

·failure to carry out analysis of the relevant telecom markets on time 230 ;

·failure to comply with the Energy Efficiency Directive 231 ;

·lack of waste management plans required under the Waste Framework Directive 232 ;

·failure to comply with reporting obligations under EU waste legislation 233 ;

·persistence of illegal waste landfills, in violation of the Waste Framework Directive 234 ;

·failure to ensure that urban waste water is adequately treated 235 ;

·late adoption of the second round of river basin management plans under the Water Framework Directive 236 ;

·failure to comply with the NO2 limit values set by the Air Quality Directive 237 .

b)The Commission referred two cases to the Court under Article 258 TFEU. They concerned:

·failure to comply with the rules on access to the occupation of road transport operator 238 ;

·late transposition of the so-called ‘Whistle-blowing’ Directive 239 .

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

·This concerns a failure to comply with a Court judgment finding that Spain had failed to adequately collect and treat waste water in a number of agglomerations. The Commission asked the Court to impose a lump sum payment of EUR 46 522 999 and a daily penalty payment of EUR 171 217.20 until Spain fully complies with EU law 240 .

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Spain open on 31 December (2013-2017)

2.New late transposition infringement cases against Spain (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

The Commission referred Spain to the Court under Articles 258 and 260(3) TFEU in the following case:

·failure to fully transpose the Mortgage Credit Directive 241 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

onon-communication of national measures transposing the:

·Directive on recognition of professional qualifications 242 ;

·Solvency II Directive 243 ;

·Omnibus II Directive, in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority 244 ;

·Accounting Directive 245 ;

·amended Settlement Finality Directive 246 ;

·Maritime Spatial Planning Directive 247 ;

·Directive on the return of unlawfully removed cultural goods 248 ;

·Directive on explosives for civil uses 249 ;

·Directive on radioactive substances in water intended for human consumption 250 ;

othe Directive on radioactive substances in water intended for human consumption 251 .

·The adoption of amended transposition rules applicable to all workers as well as specific texts applicable to police workers in line with the provisions of the Working Time Directive on night work 252 ;

·non-ratification of the Revised Convention and the Protocol of Accession to the Eurocontrol International Convention;

·breach of the free movement of goods by the imposition of specific requirements for components of cigarette papers.

VI.IMPORTANT JUDGMENTS

1.Court rulings 253

The Court gave the following rulings.

·Spain has failed to comply with a 2014 Court judgment on freedom of establishment at Spanish ports 254 . The Court ordered Spain to pay a lump sum of EUR 3 million 255 ;

·Spain has failed to comply with its obligations under the Waste Framework Directive regarding the operation of 61 illegal waste landfill sites 256 .

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Spanish judiciary.

·The fact that a person is imprisoned, without the prospect of being released in the near future, when an expulsion decision is adopted does not exclude that his conduct represents a genuine threat to a fundamental interest of the society of the host Member State. Therefore, expulsion while the person is already in prison may be considered justified 257 .

·An intermediation service whose purpose is to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys must be considered as a ‘service in the field of transport’. The service in question is consequently covered by the common transport policy 258 .

·Under the Fixed-Term Work Directive, and as long as permanent workers are entitled to special leave until the end of their parliamentary term of office, such leave cannot be completely denied to fixed-term workers 259 .

·The Renewable Energy Directive does not prevent a Member State from introducing a regional levy on windmills 260 .

·National legislation which gives consumers a time limit of one month to object, on the basis of alleged unfairness of contractual terms, to the enforcement of mortgage proceedings instituted before the entry into force of that legislation is not compatible with the Directive on unfair terms in consumer contracts. The res judicata principle does not prevent an appeal court from assessing the potential unfairness of some terms in consumer contracts which have not already been examined by the first instance court 261 .

·National legislation allowing a creditor to waive his right to interest for late payment and compensation for recovery costs in exchange for immediate payment of the principal amount of debts owed is compatible with the Late Payment Directive, on condition that such a waiver is freely agreed to 262 .

·A decision to expel a third-country national who is a long-term resident may not be adopted for the sole reason that he or she has been sentenced to a jail term of more than 1 year 263 . Before taking such decision, Member States must consider the duration of residence, the age of the person, the consequences for the person and family members and links with the country of residence

France

I.COMPLAINTS

1.New complaints made against France by members of the public (2013-2017)

2.Public complaints against France open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against France (2013-2017)

2.Files relating to France open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: France’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against France open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 21 new infringement cases against France in 2017. These, and other major ongoing infringement cases, include:

·failure to fully implement the Regulation on explosives precursors. This restricts and controls access to several dangerous chemicals which could be used by terrorists to manufacture homemade explosives 264 ; 

·prohibiting the transfer of public funds from infrastructure management to transport activities, and ensuring that funds paid for activities relating to the provision of passenger transport services are shown separately in the relevant accounts 265 ;

·failure to comply with reporting obligations under EU waste legislation 266 ;

·failure to ensure that urban waste water is adequately treated 267 ;

·on-communication of national measures transposing the:

oDirective 268 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 269 ;

oMarkets in Financial Instruments Directive (MiFID II) 270 ;

·failure to comply with the NO2 limit values set by the Air Quality Directive 271 ;

·failure to establish action plans required by the Noise Directive 272 .

b)The Commission referred two cases to the Court under Article 258 TFEU. They concerned the following.

·Failure to address continued violations of the EU legislation on the conservation of wild birds 273 .

·The following criteria laid down in an earlier Court judgment 274 on tax treatment of dividends were not respected by France: First, the tax already paid by non-French subsidiaries is not taken into account. Second, the tax credit is limited to one third of the dividend redistributed by a nonFrench subsidiary, which discriminates between dividends received from companies in other Member States and those of French origin. Finally, the requirement of proof is still maintained to restrict the companies’ right to a refund 275 .

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

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against France open on 31 December (2013-2017)

2.New late transposition infringement cases against France (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·failure to implement completely the Regulation on explosives precursors, which restricts and controls access to several dangerous chemicals that could be used by terrorists to manufacture homemade explosives;

·non-communication of national measures transposing the:

oIntra-Corporate Transfer Directive 276 ;

oLong-Term Residents Directive 277 ;

oMaritime Spatial Planning Directive 278 ;

oSeveso-III Directive 279 ;

oTransparency Directive 280 ;

oAccounting Directive 281 ;

oDirective on the undertakings for collective investment in transferable securities (UCITS) 282 ;

·incorrect transposition of certain requirements of the Directive on the energy performance of buildings 283 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the French judiciary.

·Concertation on price and quantities between several organisations of agricultural producers and associations of such organisations may constitute an agreement, decision or concerted practice for the purposes of competition law. However, such practice is permitted within the same producer organisation or association of producer organisations if it is proportionate to the objectives assigned to that organisation. Such practice is not proportionate to the objectives of stabilising prices and concentrating supply if the collective fixing of minimum sale prices within a producer organisation or association of producer organisations:

-does not allow producers to sell their own products at a lower price than those minimum prices; and

-has the effect of reducing the already low level of competition in the markets for agricultural products 284 .

·Member States may establish gas storage requirements which go beyond the minimum standard established by the Security of Gas Supply Regulation, provided that all the proportionality conditions of the Regulation are met. The Court further clarified that operators must have the effective possibility to satisfy their gas storage obligations at regional or EU level 285 .

·The case concerned a refusal to issue a router for access to the private virtual network for lawyers to a lawyer duly registered at a Bar of another Member State, for the sole reason that that lawyer is not registered at a Bar of the first Member State, in which he wishes to practise his profession as a free provider of services. The Court held that the refusal constitutes a restriction on the freedom to provide services under Council Directive 77/249/EEC 286 .

·The Parent-Subsidiary Directive 287 precludes a tax measure providing for the levy of a tax on dividends redistributed by a French parent company coming from that company’s non-resident subsidiaries 288 .

·An E101 or A1 certificate issued by a competent authority in view of the posting of workers (in accordance with Regulation 883/2004) is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State. This remains so even if those courts find that the worker’s employment conditions clearly demonstrate that he does not fall under the category of posted workers 289 .

Croatia

I.COMPLAINTS

1.New complaints made against Croatia by members of the public (2013-2017) 290

2.Public complaints against Croatia open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Croatia (2013-2017)

2.Files relating to Croatia open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Croatia’s resolution rate in 2013-2017 291

III.INFRINGEMENT CASES

1.Infringement cases against Croatia open on 31 December (2014-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 33 new infringement cases against Croatia in 2017. These, and other major ongoing infringement cases, include:

·non-communication of national measures transposing the:

oSeasonal Workers Directive 292 ;

oSpatial Planning Directive 293 ;

oMarkets in Financial Instruments Directive (MiFID II) 294 ;

oPayment Accounts Directive 295 ;

oDirective on seafarers 296 ;

oFourth Anti-Money Laundering Directive 297 .

·failure to correctly fingerprint asylum seekers and irregular migrants apprehended after crossing an external border and to transmit this data to the central Eurodac database 298 ;

·failing to fully implement the Prüm Decisions, which set up an information-exchange tool that can offer automated comparison of DNA profiles, fingerprint data and vehicle registration data 299 ;

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity and Gas Directives);  300

·non-conformity of national legislation with the Birds and Habitats Directives 301 ;

·failure to establish strategic noise maps and action plans required by the Noise Directive 302 ;

·failure to adopt a national programme for spent fuel and radioactive waste management compliant with the requirements of the Radioactive Waste Directive 303 ;

·failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive 304 ;

·failure to fully implement EU legislation establishing common rules in the field of aviation security 305 ;

·national legislation restricting access to and pursuit of the profession of lawyer 306 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Croatia open on 31 December (2013-2017)

2.New late transposition infringement cases against Croatia (2013-2017)

3.New late transposition infringement cases opened in 2017: policy areas

4.Referrals to the Court

The Commission referred two cases to the Court under Articles 258 and 260(3) TFEU. They concerned failure to fully transpose:

·the Mortgage Credit Directive 307 ; and

·the Audit Directive 308 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·non-communication of national measures transposing the:

oPublic Procurement Directive 309 ;

oDirective on procurement by entities operating in the water, energy, transport and postal services sectors 310 ;

oDirective on the deployment of alternative fuels 311 ;

oDirective on explosives for civil uses 312 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 313 ;

oMaritime Spatial Planning Directive 314 ;

oDirective 315 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 316 .

·non-ratification of the Protocol of Accession to the Eurocontrol International Convention;

·failure to correctly transpose the European rules on driving licences 317 ;

·failure to revise the national waste management plan and to adopt a waste prevention programme.

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Croatian judiciary.

·Notaries, acting within the framework of the powers conferred on them by national law in enforcement proceedings based on an ‘authentic document’, do not fall within the concept of ‘court’ within the meaning of EU legislation 318 . Thus, the writs of execution which they issue may not be recognised or enforced in other Member States as judicial decisions 319 .

·National legislation which provides for a fee calculated on the basis of an estimate of the volume of waste generated, and not on the basis of the quantity of waste actually produced and presented for collection, is in principle compatible with the Waste Framework Directive. However, it is for the national courts to verify whether such a fee triggers costs for certain waste holders which are manifestly disproportionate to the volumes or nature of the waste that they are liable to produce 320 . 

Italy

I.COMPLAINTS

1.New complaints made against Italy by members of the public (2013-2017)

2.Public complaints against Italy open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Italy (2013-2017)

2.Files relating to Italy open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Italy’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Italy open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 12 new infringement cases against Italy in 2017. These, and other major ongoing infringement cases, include:

·failure to adopt a national programme for spent fuel and radioactive waste management compliant with the requirements of the Radioactive Waste Directive 321 ;

·non-compliance with the Commission’s decision on measures to prevent the spread within the EU of the plant bacterium Xylella fastidiosa 322 ;

·failing to fully implement the Prüm Decisions, which set up an information-exchange tool that can offer automated comparison of DNA profiles, fingerprint data and vehicle registration data 323 ;

·the prohibition on the transfer of public funds from infrastructure management to transport activities and the need to ensure that funds paid for activities relating to the provision of passenger transport services are shown separately in the relevant accounts 324 ;

·lack of waste management plans required under the Waste Framework Directive 325 ;

·failure to comply with reporting obligations under EU waste legislation 326 ;

·failure to ensure that urban waste water is adequately treated 327 ;

·failure to comply with the PM10 328 limit values set by the Air Quality Directive 329 ;

·failure to comply with the NO2 limit values set by the Air Quality Directive 330 ;

·incorrect application of the Directive on the mutual recognition of seafarers’ certificates issued by Member States 331 ;

·discriminatory fiscal treatment of green electricity and discriminatory taxation rules against non-Italian citizens relating to real estate;

·non-communication of national measures transposing the:

oDirective on caseins and caseinates 332 ;

oDirective on seafarers 333 .

b)The Commission referred two cases to the Court under Article 258 TFEU. These concern:

·failure to rehabilitate or close non-compliant waste landfills posing a serious risk for human health and the environment 334 ;

·extension of a motorway concession contract without a prior call for tenders 335 .

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

This concerns a failure to comply with a Court judgment finding that Italy had failed to adequately collect and treat waste water discharged by numerous agglomerations. The Commission asked the Court to impose a lump sum payment of EUR 62 699 421.40 and a daily penalty payment of EUR 346 922.40 until Italy fully complies with EU law 336 .

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Italy open on 31 December (2013-2017)

2.New late transposition infringement cases against Italy (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned the following.

·Incorrect transposition into national law of the Directive on package travel 337 . Under the Directive, organisers of package tours must have insolvency protection guaranteeing that consumers receive a refund and are repatriated if the organiser becomes insolvent 338 .

·Disproportionate fees for issuing residence permits to third-country nationals.

·Alleged violations of obligations under the Dublin Regulation and the Directive on asylum procedures 339 .

·Systematic and unexplained refusal of applications from customs agents to operate as direct representatives in the simplified customs procedures.

·Special rights of the state in the privatisation law.

·Failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 340 .

·Non-communication of national measures transposing the:

o‘Qualifications’ Directive 341 ;

oLong-Term Residents Directive 342 ;

oSolvency II Directive 343 ;

oOmnibus II Directive in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority 344 ;

oBanking Recovery and Resolution Directive 345 ;

o Deposit Guarantee Schemes ’ Directive 346 ;

oTransparency Directive 347 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Italian judiciary.

·National courts may dismiss an appeal against a decision rejecting a manifestly unfounded application for international protection without hearing the applicant. In such case, the factual circumstances should leave no doubt as to whether that decision was well founded and during the proceedings at first instance, the applicant should have given the opportunity of a personal interview 348 .

·The Italian measures regarding the allocation of digital TV frequencies may violate in several regards the EU law on the internal market 349 .

·An online platform allowing users to store copies of TV programmes in a private cloud space cannot be deemed covered by the private copying exception. This exception applies to the reproduction right, but not the right to make available a protected work. EU rules 350 preclude national legislation which permits a commercial undertaking to provide private individuals with a cloud service for the remote recording of private copies of works protected by copyright, by means of a computer system, by actively involving itself in the recording, without the right holder’s consent 351 .

·Restrictions imposed on gambling concession holders through new legislation may be compliant with the TFEU principles provided they are justified by overriding reasons relating to the general interest and are enacted proportionately i.e. with an amendment to the concession providing for a transitional period of sufficient length 352 .

·In line with the principle of equal treatment, a third-country national holding a single permit should also be entitled to the benefit for households 353 .

·In the event of failure to carry out an environmental impact assessment, Member States are required to nullify the unlawful consequences of that failure. EU law does not prevent the conduct of an impact assessment after the plant concerned has been constructed and has entered into operation, as long as the relevant national rules do not allow the requirements of EU law to be circumvented and the assessment covers both the past and future environmental impact of the plant 354 .

·EU law does not preclude national provisions which do not require a public selection procedure to be conducted prior to the allocation of areas within airports to be used for groundhandling services for which no remuneration is to be paid by the manager of the airport 355 .

Cyprus

I.COMPLAINTS

1.New complaints made against Cyprus by members of the public (2013-2017)

2.Public complaints against Cyprus open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Cyprus (2013-2017)

2.Files relating to Cyprus open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: policy areas

4.EU Pilot files: Cyprus’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Cyprus open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 41 new infringement cases against Cyprus in 2017. These, and other major ongoing infringement cases, include:

·non-communication of national measures transposing the:

oDirective on caseins and caseinates 356 ;

oFourth Anti-Money Laundering Directive 357 ;

oMaritime Spatial Planning Directive 358 ;

oPayment Accounts Directive 359 ;

oDirective on disclosure of non-financial and diversity information by certain large undertakings 360 ;

oAudit Directive 361 ;

oDirective on seafarers 362 ;

oDirective 363 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 364 ;

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity and Gas Directives) 365 ;

·failure to ensure that waste landfills operate in compliance with EU standards;

·failure to fully implement the Regulation on explosives precursors, which restricts and controls access to several dangerous chemicals that could be used by terrorists to manufacture homemade explosives 366 ;

·non-recognition of the professional training in engineering and architecture acquired abroad by Cypriot citizens 367 ;

·failure to comply with reporting obligations under EU waste legislation 368 ;

·failure to ensure that urban waste water is adequately treated 369 ;

·failure to establish strategic noise maps and action plans required by the Noise Directive 370 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Cyprus open on 31 December (2013-2017)

2.New late transposition infringement cases against Cyprus (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·non-communication of national measures transposing the:

ointra-corporate transfer Directive 371 ;

o‘Qualifications’ Directive 372 ;

oDirective on procurement by entities operating in the water, energy, transport and postal services sectors 373 ;

oDirective on recognition of professional qualifications 374 ;

oDirective on lifts 375 ;

oDirective on electromagnetic compatibility 376 ;

oLow Voltage Directive 377 ;

oDirective on the return of unlawfully removed cultural goods 378 ;

oTransparency Directive 379 ;

oBanking Recovery and Resolution Directive 380 ;

oAccounting Directive 381 ;

oDirective on port reception facilities for ship-generated waste and cargo residues 382 ;

o Deposit Guarantee Schemes Directive 383 ;

oamended Settlement Finality Directive 384 ;

·failure to implement completely the Regulation on explosives precursors, which restricts and controls access to several dangerous chemicals that could be used by terrorists to manufacture homemade explosives;

·incomplete transposition of the Accounting Directive 385 ;

·national requirements obstructing the free movement of lawyers;

·shareholding requirement imposed on engineering companies which are incorporated in Cyprus, in breach of the freedom of establishment and the Services Directive 386 ;

·non-compliance of national legislation on gambling with EU rules 387 ;

·failure to notify a national policy framework under the Directive on the deployment of alternative fuels 388 ;

·failure to correctly transpose the EU rules on driving licences 389 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

No major preliminary rulings were addressed to the Cyprus judiciary in 2017.

Latvia

I.COMPLAINTS

1.New complaints made against Latvia by members of the public (2013-2017)

2.Public complaints against Latvia open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Latvia (2013-2017)

2.Files relating to Latvia open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Latvia’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Latvia open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 22 new infringement cases against Latvia in 2017. These, and other major ongoing infringement cases, include:

·failure to ensure that urban waste water is adequately treated;

·incorrect transposition and application of the Energy Performance of Buildings Directive 390 ;

·non-communication of national measures transposing the:

oMarkets in Financial Instruments Directive (MiFID II) 391 ;

oFourth Anti-Money Laundering Directive 392 ;

oDirective 393 laying down calculation methods and reporting requirements pursuant to the Directive on fuels quality 394 ;

·non-compliance with EU rules on indirect taxes on the raising of capital 395 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Latvia open on 31 December (2013-2017)

2.New late transposition infringement cases against Latvia (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned:

·non-communication of national measures transposing the:

oIntra-Corporate Transfer Directive 396 ;

oDirective on seasonal workers 397 ;

oLong-Term Residents Directive 398 ;

oDirective on recognition of professional qualifications 399 ;

oTransparency Directive, Accounting Directive and Directive on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms 400 ;

oDirective establishing a single European railway area 401 ;

oDirectives on recognition of professional qualifications and on defence-related products 402 ;

·failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 403

·failure to adopt a national programme for spent fuel and radioactive waste management compliant with the requirements of the Radioactive Waste Directive 404 .

VI.IMPORTANT JUDGMENTS

1.Court ruling

There were no major Court rulings in 2017.

2.Preliminary ruling

No major preliminary rulings were addressed to the Latvian judiciary in 2017.

Lithuania

I.COMPLAINTS

1.New complaints made against Lithuania by members of the public (2013-2017)

2.Public complaints against Lithuania open at year-end

3.New complaints registered in 2017: main policy areas

II.EU PILOT

1.New EU Pilot files opened against Lithuania (2013-2017)

2.Files relating to Lithuania open in EU Pilot at year-end

3.New EU Pilot files opened in 2017: main policy areas

4.EU Pilot files: Lithuania’s resolution rate in 2013-2017

III.INFRINGEMENT CASES

1.Infringement cases against Lithuania open on 31 December (2013-2017)

2.New infringement cases opened in 2017: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 14 new infringement cases against Lithuania in 2017. These, and other major ongoing infringement cases, include:

·failure to ensure that urban waste water is adequately treated;

·failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive 405 ;

·incorrect transposition and application of the Energy Performance of Buildings Directive 406 ;

·incorrect transposition and implementation of the Third Energy Package Directives (Electricity and Gas Directives) 407 ;  

·non-communication of national measures transposing the:

oMarkets in Financial Instruments Directive (MiFID II) 408 ;

oFourth Anti-Money Laundering Directive 409 .

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.

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Lithuania open on 31 December (2013-2017)

2.New late transposition infringement cases against Lithuania (2013-2017)

3.New late transposition infringement cases opened in 2017: main policy areas

4.Referrals to the Court

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

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2017

These concerned the following.

·Incorrect transposition into national law of the Directive on package travel 410 . Under the Directive, organisers of package tours must have insolvency protection guaranteeing that consumers receive a refund and are repatriated if the organiser becomes insolvent 411 .

·Incorrect transposition of Directives on common rules for the internal market in electricity 412 and natural gas 413 .

·Non-conformity with the Audiovisual Media Services Directive 414 .

·Lack of implementation of certain obligations under EU document security legislation 415 .

·Failure to implement completely the Regulation on explosives precursors, which restricts and controls access to several dangerous chemicals that could be used by terrorists to manufacture homemade explosives.

·Non-communication of national measures transposing the:

oIntra-Corporate Transfer Directive 416 ;

oDirective on seasonal workers 417 ;

oMaritime Spatial Planning Directive 418 ;

oTransparency Directive, Deposit Guarantee Schemes Directive and Directive on undertakings for collective investment in transferable securities 419 ;

oDirective establishing a single European railway area 420 ;

oDirective on placing on the market of explosives for civil uses 421 .

·Failure to develop and report on the programmes of measures required by the Marine Strategy Framework Directive.

·Failure to adopt a national policy framework for the development and deployment of alternative fuels infrastructure 422 .

·Non-compliant transposition of Directive establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) 423 .

·Non-compliance of national legislation on gambling with EU rules 424 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2017.

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Lithuanian judiciary.

·The practices of a debt collection agency are subject to the Unfair Commercial Practices Directive. This includes the situation where the debt of a consumer, who has defaulted under a consumer credit agreement, has been assigned to a debt collection agency regardless of whether the existence of the debt was confirmed by a court decision 425 .

·The excise exemption provided by EU law is applicable to the fuel used to sail a ship, without cargo, from a port of a Member State, where that ship was built, to a port of another Member State in order to take on cargo to be transported to a port of a third Member State 426 .

(1)      Directive 2008/98/EC , MEMO/17/234 .

(2)      Directive 2002/49/EC .

(3)      Directive 2009/18/EC amending Council Directive 1999/35/EC and Directive 2002/59/EC,   MEMO/17/1045 .

(4)      Regulation 551/2004 and Regulation 2150/2005 .

(5)      Directive 2014/87/Euratom .

(6)      Directive 2014/65/EU .

(7)      Directive 2014/66/EU ; MEMO/17/3494 .

(8)      Directive 2015/652/EU .

(9)      Directive 98/70/EC .

(10)      Directive 2015/849/EU , MEMO/17/4767 .

(11)      Directive 2014/92/EU .

(12)      Directive 2014/87/Euratom .

(13)      Directive 2002/21/EC , MEMO/17/3494 .

(14)      Commission v Belgium, C-110/17 .

(15)      Directive 2011/98/EU , Commission v Belgium, C-564/17 , IP/17/1953 .

(16)      Directive 2014/61/EU , Commission v Belgium, C-543/17 , IP/17/1937 .

(17)      Directive 2008/120/EC .

(18)      Directive 2003/88/EC .

(19)      Directive 2004/35/CE .

(20)      Directive 2013/50/EU .

(21)      Directive 2009/138/EC .

(22)      Directive 2014/51/EU .

(23)      Directive 2013/34/EU .

(24)      Directive 2013/50/EU .

(25)      Directive  2015/2087/EU amending Directive 2000/59/EC .

(26)      Directive  2014/49/EC .

(27)      Mostafa Lounani, C-573/14 .

(28)      Luc Vanderborght, C-339/15 .

(29)      X and X, C-638/16 and Court press release No 24/17 .

(30)      Criminal proceedings against Mr U, C-420/15 .

(31)      Moreno Osacar C-169/16 , Noguiera and Others C-168/16 .

(32)      Van der Weegen and Others, C-580/15 .

(33)      Directive 2011/96/EU .

(34)      X, C-68/15 .

(35)      Commission Decisions C (2013) 6181 and C (2013) 6178 .

(36)      Directive 2004/49/EC ,   MEMO/17/3494 .

(37)      Regulation (EC) No 1889/2005 .

(38)      Directive 2006/21/EC .

(39)       MEMO/17/1936 .

(40)      Directive 2015/849/EU , MEMO/17/4767 .

(41)      Directive 2014/89/EU ,   MEMO/17/1935 .

(42)      Directive 2015/2203/EU .

(43)      Directive 2016/1034/EU

(44)      Directive 2014/112/EU .

(45)      Directive 2015/652/EU .

(46)      Directive 98/70/EC .

(47)      Directive 1979/409/EEC , Commission v Bulgaria, C-97/17 ; IP/16/2491 .

(48)      Directive 2010/31/EU .

(49)      Directive 2007/65/EC amending Directive 89/552/EEC .

(50)      Directive 2014/94/EU .

(51)      Directive 96/67/EC .

(52)      Commission Decision 2009/750/EC .

(53)      Directive 2005/36/EC .

(54)      Directive 2015/2203/EU .

(55)      Directive 2014/80/EU .

(56)      Directive 2006/118/EC .

(57)      Directive 2009/138/EC .

(58)      Directive 2014/51/EU .

(59)      Directive  2015/2087/EU amending Directive 2000/59/EC .

(60)      Directive 2013/50/EU .

(61)      Directive 2013/34/EU .

(62)      Directive 2006/126/EC .

(63)      These rulings are almost exclusively handed down in infringement procedures.

(64)      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).

(65)      Directive 2008/50/EC , Commission v Bulgaria, C-488/15 .

(66)      Balgarska energiyna borsa AD (BEB), C-347/16 .

(67)      Council Decisions (EU) 2015/1523 and 2015/1601 ; IP/17/5002 .

(68)      Directive 2010/31/EU .

(69)      Directive 2009/72/EC and Directive 2009/73/EC , MEMO/17/4767 .

(70)      Directive 2008/57/EC .

(71)      Directives 2014/96/EU , 2014/97/EU and Directive 2014/98/EU .

(72)      Directive 2015/652/EU .

(73)      Directive 98/70/EC .

(74)      Directive 2014/112/EU .

(75)      Directive 2011/70/Euratom , MEMO/17/1935 .

(76)      Directive 2002/49/EC ; MEMO/17/1577 .

(77)      Council Decisions (EU) 2015/1523 and 2015/1601 , Commission v. Czech Republic, C-719/17 , IP/17/5002 .

(78)      Regulation (EC) No 1013/2006 , Commission v Czech Republic, C-399/17 ; IP/16/2492 .

(79)      Regulation (EC) No 1107/2009 .

(80)      Directive 2014/80/EU .

(81)      Directive 2006/118/EC .

(82)      Directive 2013/50/EU .

(83)      Directive 2013/34/EU .

(84)      Directive 2006/126/EC .

(85)      Al Chodor and Others, C-528/15 .

(86)      Pešková and Peška, C-315/15 .

(87)       MEMO/17/1281.

(88)      Directive 2009/72/EC , MEMO/17/4767 .

(89)      Directive 2009/73/EC , MEMO/17/4767 .

(90)      Directive 2008/56/EC .

(91)      Directive 92/106/EEC .

(92)      Directive 2014/87/Euratom .

(93)      Regulation (EC) No 2286/2003 .

(94)      Directive 2014/80/EU .

(95)      Directive 2006/118/EC .

(96)      Directives 2013/36/EU , 2014/59/EU and 2013/50/EU .

(97)      Directive 2014/28/EU .

(98)      Directive 2015/2087/EU amending Directive 2000/59/EC .

(99)      Directive 2008/56/EC .

(100)      Directive 2014/94/EU .

(101)      Directive 2006/126/EC .

(102)       MEMO/17/1577 .

(103)      Directive 2008/50/EC , IP/17/238 .

(104)      Directive 2002/49/EC , MEMO/17/3494 .

(105)      Directive 2008/57/EC , MEMO/17/1045 .

(106)      Directive 2004/49/EC .

(107)      Directive 2015/652/EU .

(108)      Directive 98/70/EC .

(109)      Directive 2014/112/EU .

(110)      Directives 2014/96/EU , 2014/97/EU and 2014/98/EU .

(111)      Directive 2006/40/EC , Commission v Germany, C-668/2016 ,   IP/15/6290 .

(112)      Directive 2006/123/EC , Commission v Germany, C-377/2017 , IP/16/3646 , MEMO/16/3644 .

(113)      Directive 2005/29/EC .

(114)      Regulation (EU) 748/2012 and Regulation 1321/2014 .

(115)      Regulation (EU) 2016/399 .

(116)      Directive 2008/98/EC .

(117)      Commission Regulations 748/2012 , 1321/2014 and 1178/2011 .

(118)       MEMO/17/3494 .

(119)    Directive 2013/29/EU .

(120)      Directive 2011/36/EU .

(121)      Directive  2015/2087/EU amending Directive 2000/59/EC .

(122)      Directive 2014/95/EU .

(123)      These rulings are almost exclusively handed down in infringement procedures.

(124)      Directive 92/43/EEC , Commission v Germany, C-142/16 .

(125)      Directive 2005/65/EC , Commission v Germany, C-58/16 .

(126)      Associations of taxpayers who come together to purchase services from third parties.

(127)      Commission v Germany, C-616/15 , IP/15/4493 .

(128)      Directive 91/440/EEC and Directive 2001/14/EC , Commission v Germany, C-482/14 .

(129)      Regulation (EC) No 1083/2006 and Cases T-97/09 , T-21-10 , T-104/10 , T-114/10 and T-116/10 , Germany v Commission.

(130)      TofuTown.com, C‑422/16 and Court press release No 63/17 .

(131)      Comité Interprofessionnel du Vin de Champagne, C-393/16 and Court press release No 139/17 .

(132)      Regulation (EC) No 1907/2006 , Pinckernelle, C-535/15 .

(133)      Jan Šalplachta, C-670/15 .

(134)      Regulation (EU) No 1259/2010 .

(135)      Sahyouni, C-372/16 and Court press release No 137/17 .

(136)      Directive 2011/83/EU .

(137)      Zentrale zur Bekämpfung des unlauteren Wettbewerbs, C-568/15 and Court press release No 21/17 .

(138)      Tekdemir v Kreis Bergstraße, C-652/15 .

(139)      Fahimian, C-544/15 .

(140)      CTL Logistics GmbH, C-489/15 .

(141)      Erzberger, C-566/15 .

(142)      Deister, C-504/16 and Juhler Holding, C-613/16 .

(143)      Bechtel & Bechtel, C-20/16 .

(144)      Freitag, C-541/15 .

(145)      Hamamatsu Photonics Deutschland GmbH, C-529/16 .

(146)      Fries, C-190/16 and Court press release No 73/17 .

(147)      Air Berlin, C-290/16 and Court press release No 75/17.

(148)      Bossen and Others, C-559/16 and Court press release No 92/17 .

(149)      Directives 2009/72/EC and 2009/73/EC , MEMO/17/1281 .

(150)      Directives 2016/1034/EU and 2014/56/EU .

(151)      Directive 2015/849/EU .

(152)      Directive (EU) 2015/652.

(153)      Directive 98/70/EC .

(154)      Directive 2014/112/EU .

(155)      Commission Decisions C (2013) 6181 and C(2013)6178 .

(156)      Directive 2014/36/EU .

(157)      Directives 2013/34/EU  and 2014/91/EU .

(158)      Directive 2012/34/EU .

(159)      Directive 2014/94/EU .

(160)      These rulings are almost exclusively handed down in infringement procedures.

(161)      Council Decision 2002/192/EC .

(162)      Council Decisions 2008/615/JHA and 2008/616/JHA .

(163)       MEMO/17/1281 .

(164)      Directive 2007/60/EC .

(165)      Directive 2000/60/EC .

(166)      Directive 2005/45/EC , MEMO/17/4767 .

(167)      Directive 2002/21/EC , MEMO/17/3494 .

(168)      Directive 2009/18/EC , MEMO/17/1045 .

(169)      Directive 2015/849/EU .

(170)      Directive 2014/95/EU .

(171)      Directive 2015/1794/EU .

(172)      Directive 91/271/EEC , Commission v Ireland, C-427/17 , IP/17/236 .

(173)      The fuel that may benefit from a reduced tax rate has to be marked by coloured dye.

(174)      Directive 2003/96/EC , Directive 96/60/EC , Commission v Ireland, C-504/17 , IP/14/2138 , MEMO/14/2130 .

(175)      Directive 2014/94/EU .

(176)      Directive 2005/36/EC .

(177)      Directive 2013/40/EU .

(178)      Directive 2013/40/EU .

(179)      These rulings are almost exclusively handed down in infringement procedures.

(180)      Commission v Ireland, C-552/15 , IP/15/5355 , MEMO/15/5356 .

(181)      Gusa, C-442/16 and Court press release No 144/17 .

(182)      Directive 2015/849/EU , MEMO/17/4767 .

(183)      Directive 2014/65/EU .

(184)      Directive 2015/1794/EU .

(185)      Directive (EU) 2015/652.

(186)      Directive 98/70/EC .

(187)      Directive 2013/55/EU .

(188)      Directive 2014/89/EU , MEMO/17/1935 .

(189)      Directive 2010/31/EU , MEMO/17/4767 .

(190)      Council Decisions 2008/615/JHA and 2008/616/JHA , MEMO/17/3494 .

(191)       MEMO/17/4767 .

(192)      Directive 91/676/EEC , MEMO/17/3494 .

(193)       MEMO/17/1281 .

(194)      Directive 2007/60/EC .

(195)      Directive 2000/60/EC .

(196)      Directive 2008/56/EC .

(197)      Directive 2002/49/EC , MEMO/17/4767 .

(198)      Directives 2000/35/EC and 2011/7/EU , MEMO/17/1281 .

(199)      Commission v Greece, C-93/17 ; IP/16/2592 .

(200)      Directive 2005/36/EC .

(201)      Directive 2014/28/EU .

(202)      Directive 2009/138/EC .

(203)      Directive 2013/50/EU .

(204)      Directive 2013/34/EU .

(205)      Directive 2014/51/EU .

(206)      Commission Decisions C (2013) 6181 and C (2013) 6178 .

(207)       IP/17/5109 .

(208)      Directive 2008/56/EC .

(209)      Regulation (EC) No 1967/2006 .

(210)      Regulation (EU) No 1177/2010 .

(211)      These rulings are almost exclusively handed down in infringement procedures.

(212)      Directives 2008/98/EC and 1999/31/EC , Commission v Greece, C-202/16 .

(213)      Directive 91/271/EEC , Commission v Greece, C-320/15 .

(214)      Commission v Greece, C-160/16 .

(215)      Commission v Greece, C-98/16 .

(216)      Kalliri, C-409/16 and Court press release No 106/17 .

(217)      Petrea, C-184/16 .

(218)      Directive 2015/849/EU , MEMO/17/4767 .

(219)      Directive 2012/34/EU , MEMO/17/1577 .

(220)      Directive 2013/55/EU .

(221)      Directive (EU) 2015/652 .

(222)      Directive 98/70/EC .

(223)      Directive 2014/65/EU .

(224)      Directive 2014/92/EU , MEMO/17/1045 .

(225)      Directive 2014/95/EU , MEMO/17/1577 .

(226)       MEMO/17/234.

(227)       MEMO/17/1935 .

(228)       MEMO/17/4767 .

(229)      Directive 2011/7/EU , IP/17/239 .

(230)      Directive 2002/21/EC , MEMO/17/3494 .

(231)      Directive 2012/27/EU ,  MEMO/17/3494 .

(232)      Directive 2008/98/EC , MEMO/17/1935 .

(233)       MEMO/17/1281 .

(234)      Directive 2008/98/EC ,   MEMO/17/3494 .

(235)       MEMO/17/3494 .

(236)      Directive 2000/60/EC , MEMO/17/3494 .

(237)      Directive 2008/50/EC , IP/17/238 .

(238)      Regulation (EC) No 1071/2009 , Commission v Spain, C-181/17 ; IP/16/3651 , MEMO/16/3644 .

(239)      Commission Implementing Directive (EU) 2015/2392 , Commission v Spain, C-599/17 , IP/17/1950 .

(240)      Directive 91/271/EEC , Commission v Spain, C-205/17 , MEMO/16/3644 , IP/16/3645 .

(241)      Directive 2014/17/EU , Commission v Spain, C-569/17 ; IP/17/1049 .

(242)      Directive 2005/36/EC .

(243)      Directive 2009/138/EC .

(244)      Directive 2014/51/EU .

(245)      Directive 2013/34/EU .

(246)      Directive 98/26/EC .

(247)      Directive 2014/89/EU .

(248)      Directive 2014/60/EU .

(249)      Directive 2014/28/EU .

(250)      Directive 2013/51/Euratom .

(251)      Directive 2013/51/Euratom .

(252)      Directive 2003/88/EC .

(253)      These rulings are almost exclusively handed down in infringement procedures.

(254)      Commission v Spain, C576/13 .

(255)      Commission v Spain, C-388/16 .

(256)      Directive 2008/98/EC , Commission v Spain, C-563/15 .

(257)      Directive 2004/38/EC , E, C-193/16 .

(258)      Asociación Profesional Elite Taxi, C-434/15 .

(259)      Directive 1999/70/EC , Vega Gonzalez, C-158/16 .

(260)      Elecdey Carcelen SA and Others, C-215/16 .

(261)      Directive 93/13/EEC , Banco Primus, C-421/14 .

(262)      Directive 2011/7/EU , IOS Finance EFC, C-555/14 .

(263)      López Pastuzano, C-636/16 and Court press release No 134/17 .

(264)       MEMO/17/234.

(265)      Directive 2012/34/EU .

(266)       MEMO/17/1281 .

(267)       MEMO/17/3494 .

(268)      Directive 2015/652/EU .

(269)      Directive 98/70/EC .

(270)      Directive 2014/65/EU .

(271)      Directive 2008/50/EC , IP/17/238 .

(272)      Directive 2002/49/EC ; MEMO/17/4767 .

(273)      Directive 2009/147/CE , Commission v France, C-420/17 , IP/16/4213 . France subsequently took the necessary measure to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court; MEX/17/4652 .

(274)      Accor SA, C-310/09 .

(275)      Commission v France,  C-416/17 , IP/16/4216 .

(276)      Directive 2014/66/EU , MEMO/17/3494 .

(277)      Directive 2011/51/EU .

(278)      Directive 2014/89/EU .

(279)       Directive 2012/18/EU .

(280)      Directive 2013/50/EU .

(281)      Directive 2013/34/EU .

(282)      Directive 2014/91/EU .

(283)      Directive 2010/31/EU .

(284)      APVE and Others, C-671/15 and Court press release No 120/17 .

(285)      Eni SpA and Others, C-226/16 .

(286)      Jean-Philippe Lahorgue, C-99/16 .

(287)      Directive 2011/96/EU .

(288)      AFEP and Others, C-365/16 .

(289)      A-ROSA, C-620/15 .

(290)  Croatia joined the EU on 1 July 2013.

(291) Croatia joined the EU Pilot system in July 2013.

(292)      Directive 2014/36/EU , MEMO/17/1935 .

(293)      Directive 2014/89/EU , MEMO/17/1935 .

(294)      Directive 2014/65/EU .

(295)      Directive 2014/92/EU , MEMO/17/1045 .

(296)      Directive 2015/1794/EU .

(297)      Directive 2015/849/EU .

(298)       MEMO/17/1577 .

(299)      Council Decisions 2008/615/JHA and 2008/616/JHA , MEMO/17/1280 .

(300)      Directives 2009/72/EC and 2009/73/EC , MEMO/17/1936 .

(301)      Directives 2009/147/EC and 92/43/EEC , MEMO/17/1045 .

(302)      Directive 2002/49/EC .

(303)      Directive 2011/70/Euratom , MEMO/17/1935 .

(304)      Directive 2008/56/EC .

(305)      Regulation (EC) No 300/2008 ; MEMO/17/3494 .

(306)       MEMO/17/1936 .

(307)      Directive 2014/17/EU , Commission v Croatia, C-381/17 , IP/17/1049 .

(308)      Directive 2014/56/EU , Commission v Croatia, C-415/17 ; IP/17/1579 .

(309)      Directive 2014/24/EU .

(310)      Directive 2014/25/EU .

(311)      Directive 2014/94/EU .

(312)      Directive 2014/28/EU .

(313) Directive 2015/2087/EU amending Directive 2000/59/EC .

(314)      Directive 2014/89/EU .

(315)      Directive (EU) 2015/652 .

(316)      Directive 98/70/EC .

(317)      Directive 2006/126/EC .

(318)      Regulations (EC) No 805/2004 and (EU) No 1215/2012 .

(319)      Pula Parking, C-551/15 and Court press release No 25/17 .

(320)      Directive 2008/98/EC , VG Čistoća, C-335/16 .

(321)      Directive 2011/70/Euratom , MEMO/17/1935 .

(322)      Commission Implementing Decision (EU)2015/789, MEMO/17/1935 .

(323)      Council Decisions 2008/615/JHA and 2008/616/JHA .

(324)    Directive 2012/34/EU .

(325)      Directive 2008/98/EC , MEMO/17/234.

(326)       MEMO/17/1281 .

(327)       MEMO/17/1280 .

(328)      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).

(329)      Directive 2008/50/EC .

(330)      Directive 2008/50/EC , IP/17/238 .

(331)      Directive 2005/45/EC , MEMO/17/4767 .

(332)      Directive 2015/2203/EU , MEMO/17/1935 .

(333)      Directive 2015/1794/EU .

(334)      Directive 1999/31/EC , Commission v Italy, C-498/17 , IP/17/1283 .

(335)      Directive 2004/18/EC , Commission v Italy, C-526/2017 , IP/17/1284 .

(336)      Directive 91/271/EEC , Commission v Italy, C-251/17 ; IP/16/4212 .

(337)      Council Directive 90/314/EEC .

(338)       MEMO/17/4767 .

(339)      Regulation No 343/2003/EC and Directive 2005/85/EC .

(340)      Directive 2014/94/EU .

(341)      Directive 2011/95/EU .

(342)      Directive 2011/51/EU .

(343)      Directive 2009/138/EC .

(344)      Directive 2014/51/EU .

(345)      Directive 2014/59/EU .

(346)      Directive 2014/49/EU .

(347)      Directive 2013/50/EU .

(348)      Moussa Sacko, C-348/16 .

(349)      Europa Way and Persidera, C-560/15 and   Persidera , C-112/16 .

(350)      Directive 2001/29/EC .

(351)      VCAST Limited v RTI SpA, C-265/16 .

(352)      Global Starnet, C-322/16 .

(353)      Martínez Silva, C-449/16 .

(354)      Joined cases Comune di Corridonia, C‑196/16 , Bartolini and Others, C‑197/16 .

(355)      Malpensa Logistica Europa, C-701/15 .

(356)      Directive 2015/2203/EU .

(357)      Directive 2015/849/EU .; MEMO/17/4767 .

(358)      Directive 2014/89/EU ; MEMO/17/1935 .

(359)      Directive 2014/92/EU , MEMO/17/1045 .

(360)      Directive 2014/95/EU ; MEMO/17/1577 .

(361)      Directive 2014/56/EU ; MEMO/17/234.

(362)      Directive 2015/1794/EU .

(363)      Directive 2015/652/EU .

(364)      Directive 98/70/EC .

(365)      Directives 2009/72/EC and 2009/73/EC ; MEMO/17/4767 .

(366)       MEMO/17/234.

(367)      Directive 2005/36/EC ; IP/17/4773 .

(368)       MEMO/17/1281 .

(369)       MEMO/17/1936 .

(370)      Directive 2002/49/EC , MEMO/17/3494 .

(371)      Directive 2014/66/EU , MEMO/17/3494 .

(372)      Directive 2011/95/EU .

(373)      Directive 2014/25/EU .

(374)      Directive 2013/55/EU .

(375)      Directive 2014/33/EU .

(376)      Directive 2014/30/EU .

(377)      Directive 2014/35/EU .

(378)      Directive 2014/60/EU .

(379)      Directive 2013/50/EU .

(380)      Directive 2014/59/EU .

(381)      Directive 2013/34/EU .

(382)    Directive 2015/2087/EU amending Directive 2000/59/EC .

(383)      Directive 2014/49/EU .

(384)      Directive 98/26/EC .

(385)      Directive 2013/34/EU .

(386)      Directive 2006/123/EC , IP/17/4772 .

(387)       IP/17/5109 .

(388)      Directive 2014/94/EU .

(389)      Directive 2006/126/EC .

(390)      Directive 2010/31/EU .

(391)      Directive 2014/65/EU .

(392)      Directive 2015/849/EU .

(393)      Directive 2015/652/EU .

(394)      Directive 98/70/EC .

(395)      Directive 2008/7/EC , MEMO/17/4767 .

(396)      Directive 2014/66/EU ; MEMO/17/3494 .

(397)      Directive 2014/36/EU .

(398)      Directive 2011/51/EU .

(399)      Directive 2005/36/EC .

(400)      Directive 2013/50/EU , 2013/34/EU and 2013/36/EU .

(401)      Directive 2012/34/EU .

(402)      Directives 2013/55/EU and 2016/970/EU .

(403)      Directive 2014/94/EU .

(404)      Directive 2011/70/Euratom .

(405)      Directive 2008/56/EC .

(406)      Directive 2010/31/EU .

(407)      Directives 2009/72/EC and 2009/73/EC .

(408)      Directive 2014/65/EU .

(409)      Directive 2015/849/EU .

(410)      Council Directive 90/314/EEC .

(411)       MEMO/17/4767 .

(412)      Directive 2009/72/EC .

(413)      Directive 2009/73/EC .

(414)      Directive 2007/65/EC amending Directive 89/552/EEC .

(415)      Commission Decisions C (2013) 6181 and C (2013) 6178 .

(416)      Directive 2014/66/EU .

(417)      Directive 2014/36/EU .

(418)      Directive 2014/89/EU .

(419)      Directives 2013/50/EU , 2014/49/EU and 2014/91/EU .

(420)      Directive 2012/34/EU .

(421)      Directive 2014/28/EU .

(422)      Directive 2014/94/EU .

(423)      Directive 2007/2/EC .

(424)       IP/17/5109 .

(425)      Directive 2005/29/EC , UAB Gelvora, C-357/16 .

(426)      Directive 2003/96/EC , Vakarų Baltijos laivų statykla, C-151/16 .