Brussels, 4.7.2019

SWD(2019) 287 final

COMMISSION STAFF WORKING DOCUMENT

Part III: Member States

Accompanying the document

Report from the Commission

Monitoring the application of European Union law
2018 Annual Report

{COM(2019) 319 final} - {SWD(2019) 285 final} - {SWD(2019) 286 final}


Belgium    

Bulgaria    

Czechia    

Denmark    

Germany    

Estonia    

Ireland    

Greece    

Spain    

France    

Croatia    

Italy    

Cyprus    

Latvia    

Lithuania    

Luxembourg    

Belgium

I.COMPLAINTS

1.New complaints made against Belgium by members of the public (2014-2018)

2.Public complaints against Belgium open at year-end

105

>

Complaints open at end-2017

126

>

New complaints registered in 2018

106

>

Complaints handled in 2018

= 125

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Belgium (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas



4.EU Pilot files: Belgium’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Belgium open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 31 new infringement cases against Belgium in 2018. These, and other major ongoing infringement cases, include:

·non-compliance with the Decision on the use of the 470-790 MHz frequency band in the Union 1 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 2 ;

·incorrect implementation of EU rules on chartering and pricing in inland waterways transport 3 ;

·failure to comply with the Court of Justice judgment on the evaluation of rental income from immovable property 4 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 5 ;

·failure to comply with the nitrogen dioxide (NO2) limit values set by the Air Quality Directive 6 ;

·failure to adopt noise maps and action plans on environmental noise 7 ;

·non-communication of national measures transposing the

oPayment Services Directive 8 ;

oInsurance Distribution Directive 9 ;

oNuclear Safety Directive 10 ;

oDirective on security of network and information systems 11 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 12 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 13 ;

oData Protection Law Enforcement Directive 14 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 15 ;

oDirective on the reduction of national emissions of certain atmospheric pollutants 16 .

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

·a provision in the code for accountants prohibiting accounts from carrying out any other economic activity as an insurance broker/real estate agent and all banking and financial services activities, in breach of the Services Directive 17 .

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 (2014-2018)

2.New late transposition infringement cases against Belgium (2014-2018)



3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·failure to transpose the Directive on the conditions of entry and stay of third country nationals for the purpose of employment as seasonal workers 18 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·imposition of higher yearly tax rate on foreign professional investment funds, in breach of EU law;

·exceedance of the PM10 19 limit values set by the Air Quality Directive 20 ;

·non-communication of national measures transposing the 

oDirective concerning undertakings for collective investment in transferable securities 21 ;

oDirective on radioactive substances in water intended for human consumption 22 ;

oAntitrust Damages Directive 23 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime in the EU 24 .



VI.IMPORTANT JUDGMENTS

1.Court rulings 25

The Court gave the following rulings.

·Belgium has failed to comply with EU rules on the coordination of social security systems 26 . The Court invalidated Belgian provisions granting national authorities the power to decide unilaterally on the existence of fraud or abuse in the case of posted workers without contacting the authorities of the Member State which had issued the portable document 27 .

·Belgium has failed to fulfil its obligations under EU law in the way it calculates rental income. It calculates the rental income of Belgian taxpayers from immovable property located abroad on the basis of the actual value, while rental income on property located in Belgium is based on the cadastral value, i.e. calculated by reference to the property description and valuation.

2.Preliminary rulings

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

·On posting of workers, the Court of Justice confirmed the binding nature of the portable document delivered by the Member State of the sending company 28 . Nevertheless, the receiving Member State can check the validity of that document and contact the issuing Member State in cases of doubt about its validity or the accuracy of the facts on which it is based. The latter is obliged to carry out a proper assessment of the facts and ensure that the information is correct, in accordance with the principle of cooperation laid down in Article 4(3) TEU.

·Ritual slaughter without stunning may take place only in an approved slaughterhouse. The obligation to carry out ritual slaughter in an approved slaughterhouse simply aims, from a technical point of view, to organise and manage the freedom to carry out slaughter without prior stunning for religious purposes. Such a technical framework is not in itself of such a nature as to restrict the right to freedom of religion of practising Muslims 29 .

·The display of the energy label for vacuum cleaners without specifying the testing conditions that led to the energy classification indicated on the respective label does not constitute an unfair commercial practice. Supplementary labels reproducing or clarifying the information displayed on the energy label can be misleading in certain cases 30 .

·Member States have to deliver and notify residence cards to non-EU family members of EU citizens within the deadline of 6 months stipulated in Article 10 of the Free Movement Directive 31 . The judicial annulment of the decision does not reopen a new period of 6 months as referred to in that Article  32 .

·Restrictions on the freedom of movement and residence of an EU citizen, or a family member of an EU citizen, who is suspected of having, in the past, participated in war crimes must also be assessed on a case-by-case basis, as required by the Free Movement Directive 33 . That assessment requires the threat that the individual concerned represents to the fundamental interests of the host society to be weighed against the protection of the rights of EU citizens and their family members 34 .

·Regional town planning regulations laying down certain requirements for the completion of building projects fall under the definition of ‘plans and programmes’ which are likely to have significant environmental effects, within the meaning of the Strategic Environmental Assessment Directive. Consequently, they must be subjected to an environmental impact assessment 35 .

·On the Working Time Directive, the Court of Justice clarified that voluntary firefighters can be regarded as workers if they pursue real, genuine activities for and under direction of another person in return for which they receive remuneration. The stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as ‘working time’. The obligation to remain physically present at the place determined by the employer and the requirement to reach the place of work within a short period very significantly restrict a worker’s opportunities for other activities 36 .

·Member States are entitled to adopt a return decision as soon as an application for international protection is rejected, provided that the return procedure is suspended pending the outcome of an appeal against that rejection 37 .

·Requests for family reunification must be examined even if the national of a non-EU country, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the national of a non-EU country and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis 38 .

Bulgaria

I.COMPLAINTS

1.New complaints made against Bulgaria by members of the public (2014-2018)

2.Public complaints against Bulgaria open at year-end

108

>

Complaints open at end-2017

142

>

New complaints registered in 2018

134

>

Complaints handled in 2018

= 116

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Bulgaria (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas


4.EU Pilot files: Bulgaria’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Bulgaria open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 27 new infringement cases against Bulgaria in 2018. These, and other major ongoing infringement cases, include:

·failure to comply with EU law on railway safety as regards the independence of the investigating body 39 ;

·incorrect implementation of the transparency, consultation and non-discrimination requirements of EU rules on airport charges 40 ;

·maintaining a national framework on geographical indications, which is not compatible with the EU rules on quality schemes for agricultural products and foodstuffs 41 ;

·non-compliance with the requirements of the Third Energy Package Directives (Electricity and Gas Directives) 42 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 43 ;

·non-compliant transposition of the Air Quality Directive 44 ;

·failure to comply with a Court judgment finding that the PM10 45 limit values set by the Air Quality Directive have been exceeded 46 ;

·systemic failures in the implementation of EU nature legislation in relation to the authorisation of plans and projects in special protected areas 47 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 48 ;

·incorrect implementation of EU asylum legislation 49 ;

·non-communication of national measures transposing the

oPayment Services Directive 50 ;

oInsurance Distribution Directive 51 ;

orevised Markets in Financial Instruments Directive 52 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 53 ; 

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 54 ;

oDirective on the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 55 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union 56 ;

oDirective on security of network and information systems 57 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 58 ;

oDirective on the presumption of innocence 59 ;

oData Protection Law Enforcement Directive 60 ;

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 Bulgaria open on 31 December (2014-2018)

2.New late transposition infringement cases against Bulgaria (2014-2018)



3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·non-communication of national measures transposing the Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market 61 ; 

·failure to communicate national measures transposing the Maritime Spatial Planning Directive 62 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·incorrect application of the Nitrates Directive though insufficient designation of nitrates vulnerable zones and shortcomings in the action plans 63 ;

·unlawful use of aircraft in breach of noise restrictions set out in the EU legislation 64 ;

·non-communication of national measures transposing the

oDirective on tobacco products 65 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 66 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 67 ;

oDirective concerning undertakings for collective investment in transferable securities 68 ;

oPackage Travel Directive 69 ;

oDirective on fuel quality reporting requirements and calculation methods 70 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court ruled that:

·Bulgaria has failed to fulfil its obligations under the Birds Directive by not having classified as a Special Protection Area the entire Important Bird Area covering the Rila Mountains 71 .

2.Preliminary rulings

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

·An application for international protection cannot be granted on the ground that one of the applicant’s family members has a well-founded fear of being persecuted or faces a real risk of suffering serious harm. However, ,account must be taken of such threats in respect of one of the applicant’s family members for the purpose of determining whether the applicant is, because of his family tie to the person at risk, himself exposed to the threat of persecution or serious harm 72 .

·An applicant for international protection claiming risk of persecution for religious reasons does not have to submit statements or produce documents concerning all components of the concept of ‘religion’. The applicant must however submit evidence allowing the competent authority to conclude that the claims are true. The prohibition, on pain of execution or imprisonment, of conduct which is contrary to the state religion of the applicant’s country of origin may constitute an ‘act of persecution’ 73 .

Czechia

I.COMPLAINTS

1.New complaints made against Czechia by members of the public (2014-2018)

2.Public complaints against Czechia open at year-end

85

>

Complaints open at end-2017

68

>

New complaints registered in 2018

102

>

Complaints handled in 2018

= 51

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas


II.EU PILOT

1.New EU Pilot files opened against Czechia (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened two EU Pilot files against Czechia, one in the area of environment and one in the area of energy.



4.EU Pilot files: Czechia’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Czechia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 28 new infringement cases against Czechia in 2018. These, and other major ongoing infringement cases, include:

·failure to comply with EU legislation on Flag State requirements 74 ;

·failure to comply with the Air Quality Directive 75 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 76 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 77 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 78 ;

·non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 79 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 80 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 81 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 82 .

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 Czechia open on 31 December (2014-2018)

2.New late transposition infringement cases against Czechia (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-compliance with the Security of Gas Supply Regulation 83 ;

·non-conformity with the Directive on the authorisation of electronic communications networks and services (Authorisation Directive) 84 ;

·failure to designate competent authorities responsible for the application of the Regulation on compliance measures for the Nahoya Protocol on access to genetic resources and the fair and equitable sharing of benefits from their utilisation 85 ;

·non-communication of national measures transposing the

oDirective on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers 86 ;

oMortgage Credit Directive 87 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 88 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 89 ;

oDirective on intra-corporate transfer 90 ;

oUnfair Commercial Practices Directive;

oAntitrust Damages Directive 91 .

·Directive on the freezing and confiscation of instrumentalities and proceeds of crime 92 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court ruled that:

·Czechia incorrectly implemented the definitions of categories of motor vehicles as set out in the Directive on driving licences 93 ;

·Czechia failed to fulfil its obligations under EU law by imposing a condition of nationality for access to the profession of notary in the Czech legal system 94 .

2.Preliminary rulings

No major preliminary rulings were addressed to the Czech judiciary in 2018.

Denmark

I.COMPLAINTS

1.New complaints made against Denmark by members of the public (2014-2018)

2.Public complaints against Denmark open at year-end

51

>

Complaints open at end-2017

56

>

New complaints registered in 2018

68

>

Complaints handled in 2018

= 39

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Denmark (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened three EU Pilot files against Denmark: two in the area of energy and one in the area of mobility and transport.



4.EU Pilot files: Denmark’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Denmark open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 17 new infringement cases against Denmark in 2018. These, and other major ongoing infringement cases, include:

·discrimination against foreign hauliers and violation of the principle of freedom to provide transport services 95 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 96 ;

·exceedances of the limit values for nitrogen dioxide (NO2) emissions;

·incorrect transposition of the Environmental Liability Directive 97 ;

·unjustified restriction on freedom to provide services for foreign self-employed persons 98 ;

·unjustified offset requirements demanding compensation from non-national suppliers when purchasing defence equipment from them 99 ;

·unlawful use of the protected designation of origin ‘Feta’, in violation of the EU rules on quality schemes for agricultural products and foodstuffs 100 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 101 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 102 ;non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 103 ;

oDirective on security of network and information systems  104 .

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 (2014-2018)



2.New late transposition infringement cases against Denmark (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·incorrect transposition of the Directive on the management of waste from the extractive industries 105 ;

·discrimination against foreign hauliers and violation of the principle of freedom to provide transport services 106 ;

·non-conformity of national legislation on annual leave entitlements with the Working Time Directive 107 ;

·a nut tax with equivalent effect to a customs duty;

·non-communication of national measures transposing the

oDirective on the assessment of the effects of certain public and private projects on the environment 108 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 109 ;

oMortgage Credit Directive 110 ;

oNuclear Safety Directive 111 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court ruled that:

·the European Commission failed to establish that Denmark had failed to comply with EU rules on access to the international road haulage market 112 .

2.Preliminary rulings

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

·A resident company which has not opted for an international joint taxation scheme may deduct from its taxable profits losses incurred by a permanent establishment in another Member State. This is subject to two conditions: i) the company has exhausted the possibilities for deducting those losses available under the law of the Member State in which the establishment is situated; and ii) it has ceased to receive any income from that establishment, so that there is no longer any possibility of the losses being taken into account in that Member State 113 .

·EU citizens have the right to be accompanied or joined by their non-EU national family members when returning to their home Member State after having exercised free movement rights in another Member State. EU citizens must have exercised free movement rights genuinely and effectively in another Member State, and must have created or strengthened family life there, before they can invoke similar rights of entry and residence for their family members 114 .

Germany

I.COMPLAINTS

1.New complaints made against Germany by members of the public (2014-2018)

2.Public complaints against Germany open at year-end

299

>

Complaints open at end-2017

250

>

New complaints registered in 2018

272

>

Complaints handled in 2018

= 277

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Germany (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: Germany’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Germany open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 20 new infringement cases against Germany in 2018. These, and other major ongoing infringement cases, include:

·failure to ensure that regional transport networks are subject to the safety requirements set by EU rules on railway safety 115 ;

·application of a flat-rate scheme for farmers, in breach of EU rules 116 ;

·non-compliance with the requirements of the Energy Efficiency Directive 117 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 118 ;

·incorrect transposition of the Directive on the protection of animals used for scientific purposes 119 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 120 ;

·non-communication of national measures transposing the

oInsurance Distribution Directive 121 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 122 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 123 ;

oData Protection Law Enforcement Directive 124 ;

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

·non-compliance with the requirements of the Third Energy Package Directives (Electricity and Gas Directives) 125 ;

·exceedance of the nitrogen dioxide (NO2) limit values set by the Air Quality Directive 126 .

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 (2014-2018)

2.New late transposition infringement cases against Germany (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-compliance with the principle of mutual recognition of ‘old authorisations’ for plant protection products 127 ;

·incorrect transposition of the Directive on railway safety 128 ;

·parallel imports of medicines; 129

·non-communication of national measures transposing the

oDirective on intra-corporate transfer 130 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime 131 ;

oDirective on fuel quality reporting requirements and calculation methods; 132  

oAntitrust Damages Directive 133 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court gave the following rulings:

·Germany has failed to comply with the Nitrates Directive by not having taken additional measures or reinforced action as soon as it became apparent that the action programme was not sufficient to achieve the objectives set by the Directive. These are to reduce water pollution caused by nitrates from agricultural sources and prevent further such pollution 134 .

·Germany failed to take the necessary measures to re-establish conformity to their approved types of 133 713 vehicles of types 246, 176 and 117, sold by Daimler between 1 January and 26 June 2013. The vehicles were fitted not with the refrigerant R1234yf declared for those approved types but a different refrigerant with a global warming potential of over 150 135 .

·Germany excludes sales of travel services to taxable undertakings from the special scheme for travel agents. Moreover, when applying the special scheme, Germany allows an overall taxable amount to be calculated either for groups of services or for all services provided within a tax period. The Court decided that both measures are incompatible with the VAT Directive 136 .



2.Preliminary rulings

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

·The Court clarified further the consequences for the right to annual leave of terminating a contract and ruled that Article 31(2) of the Charter of Fundamental Rights of the European Union on the right to a period of paid annual leave has horizontal direct effect and that it can be invoked in disputes between a worker and his or her private sector employer 137 ..

·During their minimum period of annual leave guaranteed by EU law, workers are entitled to their normal remuneration, in spite of periods of short-time work during the reference period for that leave. A worker who carried out lower-paid short-time work during that period may not receive a lower remuneration for the corresponding annual leave 138 .

·Churches or other organisations whose ethos is based on religion may impose on their employees different requirements on the basis of religion only if those requirements are genuine, legitimate and justified in the light of the organisation’s ethos as well as the nature and context of the specific job 139 .

·An administrator of a fan page must be regarded as a controller jointly responsible, within the EU, with Facebook Ireland for the processing of personal data through that kind of page 140 .

·Approval granted to chewing tobacco can only cover products that release their essential ingredients by being chewed 141 .

·An arbitration clause included in a bilateral agreement between Member States which allows EU investors to bring claims against Member States before arbitral tribunals is not compatibile with EU law 142 .

·An airline which operated only the first leg of a connecting flight in one Member State can be sued before the courts of the final destination in another Member State for compensation for delays 143 .

·A ‘wildcat’ strike by flight staff after the surprise announcement by an operating air carrier of a restructuring is not an ‘extraordinary circumstance’ as restructuring is part of normal business management measures. and the risks arising from the social consequences of such measures must be regarded as inherent in the normal exercise of the activity of the airline. Further, in such circumstances, a spontaneous strike by flight staff cannot be regarded as beyond the carrier’s actual control 144 .

·The common rules on compensation and assistance to passengers apply to passenger transport, from a Member State to a third State, effected under a single booking and comprising a scheduled stopover outside the EU with a change of aircraft 145 .

·Compensation rights apply in the event of a flight cancellation less than 7 days before the scheduled time of departure where the passenger is subject to a loss of time of less than 3 hours but more than 2 hours as a result of re-routing. This is the case if the actual arrival time is between 2 and 3 hours later than the scheduled arrival 146 .

·In the case of a long delay, the air company which must pay the compensation owed to passengers is the one which performed the flight (and not the company which leased the aircraft and its crew) 147 .

·When a flight is cancelled, the air carrier must reimburse commissions paid to intermediaries provided that the carrier had prior knowledge of those commissions 148 .

·Airfares for flights within the EU are to be indicated by carriers in euros or in a local currency objectively linked to the service offered 149 .

·Certain cross-border transactions need to be carried out at ‘arm’s length’, whereas identical domestic transactions are considered to be without any tax effect (i.e. they could also be made not at arm’s length). In fact, the tax authorities responsible for enforcing the legislation at stake afford the resident tax payer the opportunity to prove that the terms were agreed on for commercial reasons which could result from its status as a shareholder in the non-resident company 150 .

·The German anti-abuse measures concerning dividend payments to foreign companies without genuine activity were incompatible, as of 2012, with both the Parent-Subsidiary Directive and the freedom of establishment 151 .

·The case concerns the requirement to package a product covered by a protected geographical indication, such as ‘Schwarzwälder Schinken’ ham, only in its geographical area of production. The Court ruled that this requirement is compatible with EU law, despite its restrictive effects on trade, if it is shown to be necessary and proportionate to safeguard the quality of the product at issue, guarantee its origin or ensure the control of the specification of that protected geographical indication 152 .

·The EU has exclusive competence for fisheries measures taken to implement specific environmental directives (the Habitats Directive and the Environmental Liability Directive) 153 .

·The case concerns a situation where a third country national who, having lodged a first asylum application in one Member State (Member State ‘A’) and a second asylum application in another Member State (Member State ‘B’), was transferred back to Member State ‘A’ following which he immediately returned illegally to the second Member State ‘B’. The Court ruled that in such a situation a return procedure may be undertaken in respect of that person, but it is not possible to transfer them again to Member State ‘A’ without following this procedure 154 .

·

·The imposition of a requirement on coach transport companies providing a regular cross-border service within the Schengen area to check the passports and residence permits of passengers before they cross an internal border in order to prevent the transport of third-country nationals not in possession of those travel documents to the national territory has an effect equivalent to border checks and is therefore prohibited 155 .

·This case concerns voluntary remedial measures taken in case where an exclusion ground from participating in public procurement applies. The Court has established that it is compatible with EU law to require cooperation with both investigative and contracting authorities, each in their particular roles, to demonstrate reliability of a tenderer despite the existence of a relevant ground for exclusion as long as the cooperation with the latter is limited to what is necessary in the framework of the examination of re-establishing reliability. Furthermore, the Court has ruled that the maximum period for exclusion by reason of a competition infringement which had been penalised by a competent authority is to be calculated from the date of the decision of that authority 156 .

·Discrimination in education under the Racial Equality Directive also covers conditions for access to education 157 .

Estonia

I.COMPLAINTS

1.New complaints made against Estonia by members of the public (2014-2018)

2.Public complaints against Estonia open at year-end

18

>

Complaints open at end-2017

14

>

New complaints registered in 2018

16

>

Complaints handled in 2018

= 16

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Estonia (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened three EU Pilot files against Estonia in the area of energy.

4.EU Pilot files: Estonia’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Estonia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 11 new infringement cases against Estonia in 2018. These, and other major ongoing infringement cases, include:

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 158 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 159 ;

·incorrect transposition of the Directive on the protection of animals used for scientific purposes 160 ;

·failure to ensure that urban waste water is adequately treated 161 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 162 ;

·non-communication of national measures transposing the

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 163 ;

oData Protection Law Enforcement Directive 164 .

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 (2014-2018)



2.New late transposition infringement cases against Estonia (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-communication of national measures transposing the

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime 165 ;

oAntitrust Damages Directive 166 .



VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

No major preliminary rulings were addressed to the Estonian judiciary in 2018.

Ireland

i.COMPLAINTS

1.New complaints made against Ireland by members of the public (2014-2018)

3.Public complaints against Ireland open at year-end

279

>

Complaints open at end-2017

99

>

New complaints registered in 2018

198

>

Complaints handled in 2018

= 180

>

Complaints open at end-2018

4.New complaints registered in 2018: main policy areas



II. EU PILOT

1.New EU Pilot files opened against Ireland (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened three EU Pilot files against Ireland: one in the area of environment and two in the area of energy.

4.EU Pilot files: Ireland’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Ireland open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 21 new infringement cases against Ireland in 2018. These, and other major ongoing infringement cases, include:

·incorrect application of the Directive on the investigation of accidents in the maritime transport sector 167 ;

·failure to implement a points system for fisheries as required under the EU Control Regulation 168 ;

·non-compliance with the requirements of the Energy Efficiency Directive 169 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 170 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 171 ;

·failure to establish Special Areas of Conservation, as well as conservation objectives and measures to maintain or restore the species and habitats to a favourable condition, as required by the Habitats Directive 172 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 173 ;

·excessive amounts of trihalomethanes in drinking water 174 ;

·non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 175 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 176 ;

oDirective on the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 177 ;

oBasic Safety Standards Directive 178 ;

oDirective on security of network and information systems 179 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 180 ;

oCouncil Framework Decision on the exchange of criminal records 181 ;

oPackage Travel Directive 182 ;

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. It concerns

·failure to comply with a Court judgment establishing that Ireland had failed to apply correctly the EU provisions on environmental impact assessments in relation to the Derrybrien windfarm 183 .

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Ireland open on 31 December (2014-2018)

2.New late transposition infringement cases against Ireland (2014-2018)



3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·incomplete transposition of the fourth Anti-Money Laundering Directive 184 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·incorrect application of EU rules on the mutual recognition of seafarers certificates issued by the Member States 185 ;

·late adoption of the second round of river basin management plans under the Water Framework Directive 186 ;

·failure to establish and notify flood risk management plans under the Floods Directive 187 ;

·bad application of the Unfair Commercial Practices Directive in the area of air transport;  188

·non-communication of national measures transposing the

oSolvency II Directive 189 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime 190 ;

oAntitrust Damages Directive 191 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 192 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 193 .

VI.IMPORTANT JUDGMENTS

1.Court ruling

The Court ruled that:

·Ireland does not properly apply the EU rules on fiscal marking of fuels. The Court found that Ireland has failed to ensure that the minimum levels of taxation applicable to motor fuels are applied and that fuel is marked only when it is subject to an exemption from or reduction in excise duty  194 .

2.Preliminary rulings

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

·When a company intends to acquire the shares of another company in order provide management services subject to VAT to that other company, input VAT paid on consultancy services received in the context of the takeover bid can be deducted, even if ultimately that economic activity was not carried out  195 .

·If a project to be carried out on a site designated for the protection and conservation of certain species includes measures aiming to ensure that the part of the site likely to provide a suitable habitat for the species will not be reduced and could even be enhanced, those measures do not constitute mitigation measures. Therefore, they may not be taken into account for the purpose of the appropriate assessment of the implications of the project for the site. Such measures may be seen as compensatory measures, necessary to protect the overall coherence of the Natura 2000 network 196 .

·An ‘appropriate assessment’ required under the Habitats Directive 197 must i) catalogue all habitat types and species for which the Natura 2000 site is protected, and ii) examine the implications of the proposed project for the species present on the site (other than those for which the site has been listed) and the implications for habitat types and species outside the boundaries of that site, provided that those implications are liable to affect the conservation objectives of the site. The developer of the project is free to determine later, after the development consent has been granted, certain parameters relating to the construction phase only if those parameters will not adversely affect the integrity of the site. If a scientific expert opinion recommends obtaining additional information and the authority competent to issue the environmental permit rejects these findings, the ‘appropriate assessment’ must present explicity and in detail the reasons which led the permitting authority to conclude that there is no reasonable scientific doubt over the effects of the work envisaged on the site concerned. The Environmental Impact Assessment Directive 198 requires that the project developer supplies information that expressly addresses the significant effects of the project on all species identified in the environmental impact statement. Studying the ‘main alternatives’ means that the developer must indicate the reasons for his choice, taking into account at least the environmental effects, whether those alternatives were initially envisaged by him or by the competent authority or whether they were recommended by some stakeholders 199 .

·The Habitats Directive does not allow mitigation measures (aiming to avoid or reduce the significant effects of a plan or project) to be taken into account already at the stage when screening is carried out in order to determine whether or not it is necessary to carry out an assessment of the implications of the plan or project on a special area of conservation 200 .

·The requirement that certain judicial procedures should not be prohibitively expensive applies to a procedure before a court of a Member State in which it is determined whether leave may be granted to bring a challenge in the course of a development consent process concerning a plan or a project. The requirement applies only to the costs relating to the part of the challenge alleging infringement of the rules on public participation. The Aarhus Convention however sets a wider obligation for the Member States in relation to the requirement that certain judicial procedures should not be prohibitively expensive 201 .

·The rule that legal challenges by a member of the public to an environmental impact assessment procedure should not be prohibitively expensive must be broadly interpreted so that it also applies to the costs arising in a case which was ongoing at the time the deadline for transposing the Directive which introduced this rule had elapsed 202 .

·The Court found that the notification by a Member State of its intention to leave the EU (Article 50 TEU) does not have as a consequence that another Member State must refuse to execute a European Arrest Warrant issued by the leaving Member State, neither must it postpone its execution pending clarification of the law that will be applicable after the withdrawal 203 .

·A judicial authority called upon to execute a European Arrest Warrant must refrain from giving effect to it if it considers that there is a real risk that the individual concerned would suffer a breach of his fundamental right to an independent tribunal and, therefore, of the essence of his fundamental right to a fair trial on account of deficiencies liable to affect the independence of the judiciary in the issuing Member State 204 .

Greece

I.COMPLAINTS

1.New complaints made against Greece by members of the public (2014-2018)

2.Public complaints against Greece open at year-end

109

>

Complaints open at end-2017

172

>

New complaints registered in 2018

163

>

Complaints handled in 2018

= 118

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Greece (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: Greece’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Greece open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 26 new infringement cases against Greece in 2018. These, and other major ongoing infringement cases, include:

·incorrect application of the VAT rules on the lease of yachts 205 ;

·delays in processing applications for recognition of diplomas from other Member States 206 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 207 ;

·insufficient monitoring of the entities responsible for the implementation of aviation security standards 208 ;

·failure to adopt and notify the long-term renovation strategy in commercial and residential buildings, as required by the Energy Efficiency Directive 209 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 210 ;

·failure to establish Special Areas of Conservation, as well as conservation objectives and measures to maintain or restore the species and habitats to a favourable condition, as required by the Habitats Directive 211 ;

·non-communication of national measures transposing the

oPayment Services Directive 212 ;

oInsurance Distribution Directive 213 ;

orevised Markets in Financial Instruments Directive 214 ;

oBasic Safety Standards Directive 215 ;

oDirective on security of network and information systems 216 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 217 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 218 ;

oDirective on the presumption of innocence 219 ;

oDirective on the consular protection of unrepresented EU citizens in third countries 220 .



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

·obstacles to the freedom of establishment for training bodies for professional mediators contrary to the Services Directive 221 and restrictions on recognising the professional qualifications of mediators 222 ;

·wrong imposition of a reduced rate of 50% of the standard rate of excise duty on the spirit drinks Tsipouro and Tsikoudia, in breach of EU law 223 .

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 Greece open on 31 December (2014-2018)

2.New late transposition infringement cases against Greece (2014-2018)



3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·failure to communicate national measures transposing the Maritime Spatial Planning Directive 224 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·late adoption of the second round of river basin management plans under the Water Framework Directive 225 ;

·non-conformity of the provisions of national legislation on average weekly working time and minimium periods of daily rest or of compensatory rest with the Working Time Directive in the healthcare sector 226 ;

·failure to communicate national measures transposing the

oMortgage Credit Directive; 227

oDirective concerning undertakings for collective investment in transferable securities; 228

oDirective on intra-corporate transfer 229 ;

oDirective on reducing the consumption of lightweight plastic carrier bags 230 ;

orevised Environmental Impact Assessment Directive 231 ;

oDirective on fuel quality reporting requirements and calculation methods 232 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 233

The Court gave the following rulings.

·Greece has failed to comply with an earlier Court judgment 234 that it had failed to fulfil its obligations under the Urban Waste Water Treatment Directive by not taking the measures necessary for the installation of a collection system for urban waste water from the Thriasio Pedio area and by not subjecting the area’s waste water to more stringent treatment before its discharge into the sensitive area of the Gulf of Elefsina, Greece. The Court ordered Greece to pay a lump sum of EUR 5 million and a sliding-scale periodic penalty payment of EUR 3 276 000 for each six-month period of delay until full compliance is achieved 235 .

·The Greek rules allowing the sale of tax-exempt fuel by filling stations located in certain border posts at frontiers with third countries are contrary to the EU provisions on general arrangements for excise duty 236 .

·Greece has failed to comply with an earlier Court judgment 237 finding that it had failed to implement a Commission decision ordering the recovery of State aid granted to Hellenic Shipyards. The Court ordered Greece to pay a lump sum of EUR 10 million and a penalty payment of EUR 7 294 000 for each 6 months of delay until full compliance is achieved 238 .

2.Preliminary rulings

No major preliminary rulings were addressed to the Greek judiciary in 2018.

Spain

I.COMPLAINTS

1.New complaints made against Spain by members of the public (2014-2018)

2.Public complaints against Spain open at year-end

367

>

Complaints open at end-2017

486

>

New complaints registered in 2018

462

>

Complaints handled in 2018

= 391

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Spain (2011-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: Spain’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Spain open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 27 new infringement cases against in 2018. These, and other major ongoing infringement cases, include:

·failure to comply with EU rules on the minimum level of training of seafarers 239 ;

·non-compliance with the requirements of the Energy Efficiency Directive 240 ;

·non-conformity with the Directive on the recognition of professional qualifications;

·failure to ensure individual metering and billing for heat energy in multi-apartment buildings, as required under the Energy Efficiency Directive 241 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 242 ;

·non-communication of flood risk management plans 243 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 244 ;

·incorrect transposition of the Directive on the protection of animals used for scientific purposes 245 ;

·insufficient protection of waters against pollution caused by nitrates from agricultural sources 246 ;

·non-communication of national measures transposing the

oPayment Services Directive 247 ;

oInsurance Distribution Directive 248 ;

orevised Markets in Financial Instruments Directive; 249

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments; 250

oNuclear Safety Directive 251 ;

oDirective on security of network and information systems. 252

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

·failure to adopt waste management plans and to revise these plans in accordance with the Waste Framework Directive 253 ;

·failure to adopt and review the river basin management plans for the Canary Islands 254 .

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 Spain open on 31 December (2014-2018)

2.New late transposition infringement cases against Spain (2014-2018)

3.New late transposition infringement cases opened in 2018: main policy areas

4..Referrals to the Court

The Commission referred four cases to the Court under Articles 258 and 260(3) TFEU. They concern non-communication of national measures transposing the:

oDirective on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market 255 ;

oDirective on the award of concession contracts 256 ;

oDirective on procurement by entities operating in the water, energy, transport and postal services sectors 257 ;

oPayments Account Directive; 258

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·non-compliance with the Regulation on the marketing and use of explosives precursors 259 ;

·delays in conducting market reviews, in breach of the Directive on a common regulatory framework for electronic communications networks and services;  260

·non-conformity with the Directive on rental right and lending right and on certain rights related to copyright in the field of intellectual property 261 ;

·discriminatory and excessive requirements for participation in public procurement of ambulance services 262 ;

·a project to upgrade maritime access to the Port of Seville by dredging the Guadalquivir River, in breach of the Habitats Directive 263 ;non-communication of national measures transposing the:

oDirective on fuel quality reporting requirements and calculation methods 264 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 265 ;

oDirective on alternative dispute resolution for consumers disputes 266 ;

oAntitrust Damages Directive 267 ;

oDirective on reducing the consumption of lightweight plastic carrier bags 268 .



VI.IMPORTANT JUDGMENTS

1.Court rulings 269

The Court gave the following rulings:

·Spain has not fulfilled its obligations as it failed to take the necessary measures to implement the ‘Whistleblowing’ Directive 270 into national legislation on time 271 .

·Spain discriminated against small hauliers, excluding them from the road transport market, by requiring hauliers to own a minimum number of vehicles in order to obtain a public transport authorisation 272 .

·Spain has failed to comply with an earlier Court judgment 273 as 17 of the 43 agglomerations of over 15 000 population equivalent concerned by the first judgment had still not been equipped with systems for collecting or treating urban waste water. The Court ordered Spain to pay a lump sum of EUR 12 million and a penalty payment of EUR 10 950 000 per six-month period of delay until full compliance is achieved 274 .

2.Preliminary rulings

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

·Access, by the police, to data for the purpose of identifying the owners of SIM cards activated with a stolen mobile telephone cannot be defined as ‘serious’ interference with the fundamental rights. Such data do not allow precise conclusions to be drawn about their private lives and such interference may be justified by the objective of preventing, investigating, detecting and prosecuting ‘criminal offences’ 275 .

·The two types of termination of the employment relationship (dismissal under objective reasons and termination of fixed-term contract) are not comparable and, therefore, different levels of compensation can be granted 276 .

·EU directives apply to a female security agent who does shift work, including night shifts which entail a risk for the agent to breastfeed her baby 277 .

·National legislation may allow an employer to dismiss a pregnant worker in the context of a collective redundancy, on condition that the employer provides the dismissed pregnant worker with the reasons justifying the redundancy 278 .

·A fine for not declaring cash upon entering or leaving the EU which may be up to double the undeclared amount is contrary to EU law, including the Cash Control Regulation 279

·Spain’s national legislation may limit the sales designation ‘ibérico de cebo’ to pork products complying with certain conditions imposed by that legislation. This is because it permits the importation and marketing of products from other Member States under the designations they bear pursuant to the rules of the Member State of origin, even if they are similar, comparable or identical to the designations provided for in the respective national legislation 280 .

·Member States may require a contribution to an energy efficiency fund from energy undertakings designated on the basis of explicitly stated, objective and non-discriminatory criteria. This obligation, which substitutes an energy efficiency obligation scheme, should nonetheless comply with all the requirements of the Energy Efficiency Directive and reach the same level of savings 281 .

France

I.COMPLAINTS

1.New complaints made against France by members of the public (2014-2018)

2.Public complaints against France open at year-end

313

>

Complaints open at end-2017

316

>

New complaints registered in 2018

347

>

Complaints handled in 2018

= 282

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against France (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: France’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against France open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 20 new infringement cases against France in 2018. These, and other major ongoing infringement cases, include:

·exceedances of PM10 emission limits, in breach of the Directive on ambient air quality and cleaner air for Europe 282 ;

·failure to adopt and update waste management plans, in breach of the Waste Framework Directive 283 ;

·failure to adopt noise maps and action plans as required by the Noise Directive 284 ;noise directive; 285  

·failure to comply with the obligations regarding treatment of waste water as regards 373 agglomerations; 286 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications; 287

·non-communication of national measures transposing the

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 288 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 289 ;

oInsurance Distribution Directive 290 ;

oDirective on security of network and information systems 291 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 292 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 293 ;

ofourth Anti-Money Laundering Directive 294 ;

oDirective establishing a fourth list of indicative occupational exposure limit values to protect workers from risks arising from exposure to hazardous chemicals 295 .

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

·exceedance of the nitrogen dioxide (NO2) limit values set by the Air Quality Directive 296 .

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 (2014-2018)

2.New late transposition infringement cases against France (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·incorrect application of VAT rules on aesthetic medicine and surgery procedures;

·incorrect implementation of the Directive on the reduction of national emissions of certain atmospheric pollutants 297 ;

·incorrect transposition of the Third Energy Package Directives 298 ;

·import of second-hand cars which were previously registered in another Member State;

·non-communication of national measures transposing the

oAntitrust Damages Directive 299 ;

oDirective on collective management of copyright and related rights 300 ;

oDirective on fuel quality reporting requirements and calculation methods 301 ;

oDirective on tobacco products 302 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments. 303 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court ruled that:

·France has failed to fulfil its obligations under EU law over the way it applied the mechanism for the avoidance of economic double taxation of distributed foreign dividends 304 . 

2.Preliminary rulings

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

·Only part of the French public electricity service tax (CSPE) may be considered as another indirect tax for specific purposes, namely its environmental objective (and in the proportion in which revenue raised from the tax was allocated to this objective). The taxable persons concerned are entitled to a reimbursement of the other part of the tax, provided that they did not directly pass on that tax to their own consumers 305 .

·French withholding tax on dividends received by loss-making non-resident companies is incompatible with free movement of capital. The Court ruled that different ways to collect taxes between resident and non-resident taxpayers are allowed only if they do not result in heavier taxation of the latter 306 . 

·Member States may prohibit and punish as a matter of criminal law the illegal exercise of transport activities by the UberPop service, without notifying the Commission in advance of the draft legislation laying down criminal penalties for the exercise of such activities; 307

·An applicant for international protetion who moves to another Member State after lodging their application cannot be returned to the first Member State before the second Member State has agreed to the request to take that person back, explicitly or implicitly 308 .

·Under the EU rules on the common organisation of the market in wine, the fact that an on-the-spot check can be carried out unannounced means at the very most that it can take place at any time, without the control official having given notice of his visit. However, officials carrying out on-the-spot checks cannot enter agricultural land without having obtained the vine grower’s permission; 309

·Organisms obtained by mutagenesis are genetically modified organisms and are, in principle, subject to the obligations laid down by the GMO Directive 310 . However, organisms obtained by mutagenesis techniques that have conventionally been used in a number of applications and have a long safety record are exempt from those obligations. Member States are neverthless free to subject them, in compliance with EU law, to the obligations laid down by the Directive or to other obligations 311 .

Croatia

I.COMPLAINTS

1.New complaints made against Croatia by members of the public (2014-2018) 312

2.Public complaints against Croatia open at year-end

69

>

Complaints open at end-2017

60

>

New complaints registered in 2018

75

>

Complaints handled in 2018

= 54

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Croatia (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

4.EU Pilot files: Croatia’s resolution rate in 2014-2018 313

III.INFRINGEMENT CASES

1.Infringement cases against Croatia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 14 new infringement cases against Croatia in 2018. These, and other major ongoing infringement cases, include:

·non-conformity with the Habitats Directive 314 , the Birds Directive 315 and the Environmental Impact Assessment Directive 316 ;

·failure to comply with EU legislation on Flag State requirements 317 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 318 ;

·non-compliance with EU rules on the spectrum Decision 319 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 320 ;

·non-communication of national measures transposing the

oPayment Services Directive 321 ;

oInsurance Distribution Directive 322 ;

orevised Markets in Financial Instruments Directive 323 ;

oDirective on security of network and information systems 324 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 325 ;

oData Protection Law Enforcement Directive 326 ;

oDirective on the presumption of innocence 327 .

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

·failure to ensure adequate protection of human health and the environment from industrial waste in Biljane Donje 328 ;

·failure to notify the national programme for the implementation of a spent fuel and radioactive waste management policy 329 .

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 (2014-2018)

2.New late transposition infringement cases against Croatia (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·incorrect implementation of EU common rules on civil aviation security 330 ;

·discriminatory prices of fishing licences for non-residents;

·failure to designate competent authorities responsible for the application of EU rules for users from the Nagoya Protocol on Access to Genetic Resources 331 ;

·non-conformity with the Directive on waste 332 ;

·failure to adopt and communicate noise maps and action plans 333 ;

·failure to report the programmes of measures under the Marine Strategy Framework Directive 334 ;

·non-communication of national measures transposing the

oAntitrust Damages Directive 335 ;

oMortgage Credit Directive 336 ;

oOffshore Safety Directive 337 ;

oDirective on alternative dispute resolution for consumers disputes 338 ;

oDirective on intra-corporate transfer 339 ;

oDirective on reducing the consumption of lightweight plastic carrier bags 340 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

No major preliminary rulings were addressed to the Croatian judiciary in 2018.

Italy

I.COMPLAINTS

1.New complaints made against Italy by members of the public (2014-2018)

2.Public complaints against Italy open at year-end

582

>

Complaints open at end-2017

633

>

New complaints registered in 2018

488

>

Complaints handled in 2018

= 727

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Italy (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: Italy’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Italy open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas


3.Key infringement cases and referrals to the Court

a)The Commission opened 26 new infringement cases against Italy in 2018. These, and other major ongoing infringement cases, include:

·incorrect application of the VAT rules on the lease of yachts 341 ; 

·illegal excise duty exemption for fuel used by private pleasure craft 342 ;

·use of ‘fast corridors’ to move goods long distances without presentation to customs authorities upon arrival and assigning the goods to a customs procedure at the customs office of entry;

·failure to comply with EU rules on the minimum level of training of seafarers 343 ;

·direct award of a number of defence contracts to national suppliers in breach of the Defence Procurement Directive 344 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 345 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 346 ;

·failure to submit reports on time under the Marine Strategy Framework Directive 347 ;

·insufficient protection of waters against pollution caused by nitrates from agricultural sources 348 ;

·failure to ensure that urban waste water is adequately treated 349 ;

·failure to comply with a Court judgment finding that urban waste water is not adequately collected and treated 350 ;

·non-communication of national measures transposing the

oDirective on end-of-life vehicles 351 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 352 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 353 ;

oBasic Safety Standards Directive 354 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 355 ;

oDirective on working conditions of seafarers 356 ;

oPackage Travel Directive 357 ;

oDirective establishing a fourth list of indicative occupational exposure limit values to protect workers from risks arising from exposure to hazardous chemicals 358

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

·failure to notify the national programme for the implementation of a spent fuel and radioactive waste management policy 359 ;

·exceedance of the PM10 360 limit values set by the Air Quality Directive 361 ;

·non-communication of national measures transposing certain technical requirements on testing of human tissues and cells 362 ;

·failure to adequately prevent further spread of the quarantine harmful organism Xylella fastidiosa in Apulia 363 ;

·delays in payments made by the Italian public authorities to their suppliers, in breach of theDirective on late payment in commercial transactions 364 ;

·refusal to compensate the loss of traditional own resources resulting from failure to properly enforce an amount of customs duties 365 .

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

·failure to implement the Commission’s decision requiring Italy to recover illegal State aid granted to the hotel industry in Sardinia 366 .

IV.TRANSPOSITION OF DIRECTIVES

1.Late transposition infringement cases against Italy open on 31 December (2014-2018)



2.New late transposition infringement cases against Italy (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-compliance with the provisions of the Directive on waste; 367

·unjustified restrictions on VAT reimbursement;

·non-communication of national measures transposing the

oAntitrust Damages Directive; 368

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 369 ;

oDirective on caseins and caseinates 370 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 371 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court made the following rulings.

·Italy failed to recover milk surplus levies from Italian milk producers which exceeded their production quotas for the marketing years from 1995/1996 to 2008/2009 372 .

·Italy has failed to comply in full with an earlier Court judgment 373 since no proof has been provided of the existence of appropriate urban waste water collection and treatment systems in 74 of the 109 agglomerations concerned by the first judgment. The Court found that Italy’s failure to fulfil its obligations is particularly serious in so far as the lack of, or inadequacy of urban waste water collection or treatment systems could harm the environment. The Court ordered Italy to pay a lump sum of EUR 25 million and a penalty payment of EUR 30 112 500 for every 6 months of delay until full compliance is achieved 374 .

2.Preliminary rulings

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

·The ne bis in idem principle may be limited for the purpose of protecting the financial interests of the EU. The objective of ensuring the collection of all the VAT due in the territories of Member States can justify a duplication of proceedings and penalties of a criminal nature. However, such a limitation on the principle must not exceed what is strictly necessary to achieve those objectives 375 .

·Workers who have been on abusive successive fixed-term contracts are entitled to two types of compensation for the past abuse they have faced: (a) a lump sum compensation and (b) an additional possibility to obtain full compensation for the harm suffered. This harm is presumed to have occurred unless the employer can prove otherwise 376 National legislation which excludes certain sectors from effective sanction in case of misuse of successive fixed-term contracts is not compliant with the EU rules on the framework agreement on fixed-term work 377 .

·Any period of full-time or part-time specialist medical training begun in 1982 and continued up to 1990 must be subject to appropriate remuneration 378 .

·Member States whose legislation creates a requirement to pursue full-time training and a prohibition on being enrolled in two courses at the same time, must automatically, recognise qualifications issued by another Member State on the completion of partially concurrent training 379 .

·The organisation and management of health services are the responsibility of the Member States, as regards setting the prices of medicinal products and their inclusion in the scope of the national healthcare insurance system. In exercising those powers the Member States must comply with EU law 380 .

·The Court ruled on the compatibility with the freedom to provide services, the freedom of establishment and the principles of non-discrimination, transparency and proportionality of certain national rules imposing limits as regards the concession granted for the management of the national lottery Lotto. The Court establishes that imposing a sole concessionaire model, a high basic contract value, as well as providing for the withdrawal of the concession in case of certain criminal or fraudulent activities can be justified on public policy grounds if they fulfil the principles of proportionality and transparency 381 .

Cyprus

I.COMPLAINTS

1.New complaints made against Cyprus by members of the public (2014-2018)

2.Public complaints against Cyprus open at year-end

58

>

Complaints open at end-2017

57

>

New complaints registered in 2018

60

>

Complaints handled in 2018

= 55

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Cyprus (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas



4.EU Pilot files: Cyprus’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Cyprus open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 37 new infringement cases against Cyprus in 2018. These, and other major ongoing infringement cases, include:

·incorrect application of the Investor Compensation Schemes Directive 382 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 383 ;

·failure to comply with EU legislation on Flag State requirements 384 ;

·incorrect application of the VAT rules on the lease of yachts and the incorrect taxation of purchases of yachts 385 ;

·non-compliance with the requirements of the Energy Efficiency Directive 386 ;

·failure to ensure adequate protection of indigenous habitats and species by designating Sites of Community Importance under the Habitats Directive 387 ;

·failure to ensure that urban waste water is adequately treated 388 ;

·non-communication of national measures transposing the

oPayment Services Directive 389 ;

oInsurance Distribution Directive 390 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 391 ;

oDirective concerning the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 392 ;

oBasic Safety Standards Directive 393 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 394 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 395 ;

oDirective on the presumption of innocence 396 ;

oData Protection Law Enforcement Directive 397 .

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 (2014-2018)

2.New late transposition infringement cases against Cyprus (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·operation of the Port State Control system 398 ;

·insufficient designation of Akamas as a Site of Community Importance under the Habitats Directive 399 ;

·failure to communicate national measures transposing the

oSolvency II Directive 400 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 401 ;

oDirective on caseins and caseinates 402 ;

oAntitrust Damages Directive 403 ;

oDirective on seasonal workers 404 ;

oDirective on reducing the consumption of lightweight plastic carrier bags 405 ;

oDirective on fuel quality reporting requirements and calculation methods 406 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

No major preliminary rulings were addressed to the Cyprus judiciary in 2018.

Latvia

I.COMPLAINTS

1.New complaints made against Latvia by members of the public (2014-2018)

2.Public complaints against Latvia open at year-end

23

>

Complaints open at end-2017

20

>

New complaints registered in 2018

24

>

Complaints handled in 2018

= 19

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Latvia (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened two EU Pilot files against Latvia: one in the area of energy and one in the area of taxation and customs.

4.EU Pilot files: Latvia’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Latvia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 19 new infringement cases against Latvia in 2018. These, and other major ongoing infringement cases, include:

·failure to comply with EU rules on the minimum level of training of seafarers 407 ;

·application of a VAT reverse-charge mechanism in breach of EU rules  408 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 409 ;

·non-communication of national measures transposing the:

oPayment Services Directive 410 ;

oInsurance Distribution Directive 411 ;

orevised Markets in Financial Instruments Directive 412 ;

oDirective on security of network and information systems 413 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 414 ;

oDirective on end-of life vehicles 415 .

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 (2014-2018)

2.New late transposition infringement cases against Latvia (2014-2018)



3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·failure to communicate national measures transposing the 

oSolvency II Directive 416 ;

oDirective concerning undertakings for collective investment in transferable securities 417 ;

oDirective on tobacco products; 418

oRadioactive Waste Directive 419 ;

oAntitrust Damages Directive 420 .

VI.IMPORTANT JUDGMENTS

1.Court ruling

There were no major Court rulings in 2018.

2.Preliminary ruling

No major preliminary rulings were addressed to the Latvian judiciary in 2018.

Lithuania

I.COMPLAINTS

1.New complaints made against Lithuania by members of the public (2014-2018)

2.Public complaints against Lithuania open at year-end

36

>

Complaints open at end-2017

32

>

New complaints registered in 2018

35

>

Complaints handled in 2018

= 33

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Lithuania (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened two EU Pilot files against Lithuania in the area of energy.

4.EU Pilot files: Lithuania’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Lithuania open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 18 new infringement cases against Lithuania in 2018. These, and other major ongoing infringement cases, include:

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 421 ;

·failure to ensure adequate protection of indigenous habitats and species by designating Sites of Community Importance under the Habitats Directive 422 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 423 ;

·breach of the right of EU citizens to become members of a political party or to form one in the Member State of residence 424 ;

·non-communication of national measures transposing the

oPayment Services Directive 425 ;

orevised Markets in Financial Instruments Directive 426 ;

oDirective on security of network and information systems 427 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 428 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 429 ;

oData Protection Law Enforcement Directive 430 ;

oPackage Travel Directive 431 .

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 (2014-2018)



2.New late transposition infringement cases against Lithuania (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned: 

·incorrect application of the EU rules on the investigation of maritime accidents relating to the independent investigation body 432 ;

·non-respect of the EU rules on freedom to provide port services 433 ;

·non-communication of national measures transposing the

oDirectives on the quality and safety of reproductive cells 434 ;

oDirective on intra-corporate transfer 435 ;

oDirective on seasonal workers 436 ;

oProcedural Rights Directives (right to interpretation and right to information) 437 ;

oNuclear Safety Directive 438 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

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

·Member States can decide to base the allocation of fishing quotas under the Common Fisheries Policy Regulation 439 in connection with the Charter of Fundamental Rights of the EU, on the criterion of historic catches, but not exclusively on that criterion. Such an allocation method is permitted if it pursues one or more general interests recognised by the EU and respects the principle of proportionality 440 .

·The ruling concerns the handling of potential collusion within a public procurement procedure. Although contracting authorities observing indications of potential collusion are obliged to verify them sufficiently, the related tenderers submitting offers in the same procedure are not obliged to spontaneously disclose details of their links 441 .

·Technical specifications in public procurement cannot be tailored to an individual provider. It is up to contracting authorities/entities to assure fair competition, either through a detailed technical description or functional specification, or by defining an outcome, or through a combination of them 442 .

Luxembourg

I.COMPLAINTS

1.New complaints made against Luxembourg by members of the public (2014-2018)

2.Public complaints against Luxembourg open at year-end

48

>

Complaints open at end-2017

20

>

New complaints registered in 2018

22

>

Complaints handled in 2018

= 46

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Luxembourg (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened two EU Pilot files against Luxembourg in the area of energy.

4.EU Pilot files: Luxembourg’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Luxembourg open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 32 new infringement cases against Luxembourg in 2018. These, and other major ongoing infringement cases, include:

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications; 443

·non-communication of national measures transposing the

oCommision Directive amending the Directive on quality system standards and specifications for blood establishments 444 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 445 ;

oPayment Services Directive 446 ;

oInsurance Distribution Directive 447 ;

orevised Markets in Financial Instruments Directive 448 ;

oBasic Safety Standards Directive 449 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 450 ;

oDirective on security of network and information systems 451 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 452 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 453 ;

oPackage Travel Directive 454 ;

oDirective on the European Investigation Order 455 .

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 Luxembourg open on 31 December (2014-2018)



2.New late transposition infringement cases against Luxembourg (2014-2018)

3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

The Commission referred four cases to the Court under Articles 258 and 260(3) TFEU. They concern failure to communicate national measures transposing the Directives on

ocollective management of copyright and related rights 456 ;

othe award of concession contracts 457 ;

opublic procurement 458 ;

oprocurement by entities operating in the water, energy, transport and postal services sectors 459 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned the following:

·non-communication of national measures transposing the:

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 460 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 461 ;

oMortgage Credit Directive 462 ;

oBroadband Cost Reduction Directive 463 ;

oDirective on mandatory automatic exchange of information in the field of taxation as regards Member State tax authorities' access to anti-money-laundering information 464 ;

oDirective on the assessment of the effects of certain public and private projects on the environment 465 ;

oDirective on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers;  466

oProcedural Rights Directives (right to interpretation and right to information) 467 ;

o‘Swedish initiative’ on the exchange of information and intelligence between Member States’ law enforcement authorities 468 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 469

There were no major Court rulings in 2018.

2.Preliminary rulings

No major preliminary rulings were addressed to the Luxembourgish judiciary in 2018.

(1)      Decision (EU) 2017/899.
(2)      Directive 2005/36/EC , MEMO/18/4486 .
(3)      Directive 1996/75/EC ; MEMO/18/349 .
(4)       MEMO/18/6247 ;  Commission v Belgium, C-110/17 .
(5)      Directive 2011/70/Euratom , MEMO/18/3446 .
(6)      Directive 2008/50/EC , MEMO/18/6247 .
(7)      Directive 2002/49/EC , MEMO/18/3446 .
(8)       Directive 2015/2366/EU .
(9)       Directive 2016/97/EU .
(10)      Directive 2014/87/Euratom , MEMO/18/3986 .
(11)      Directive 2016/1148 /EU; MEMO/18/4486 .
(12)      Directive 2016/2102 /EU .
(13)      Directive 2017/1564 /EU .
(14)      Directive 2016/680/EU .
(15)      Directive 2015/2193 /EU .
(16)      Directive 2016/2284 /EU .
(17)      Commission v Belgium, C-384/18 .
(18)      Commission v Belgium, C-676/18 , Directive 2014/36/EU .
(19)      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)).
(20)      Directive 2008/50/EC .
(21)       Directive 2014/91/EU .
(22)      Directive 2013/51/Euratom .
(23)      Directive 2014/104/EU .
(24)      Directive 2014/42/EU .
(25)      These rulings are almost exclusively handed down in infringement procedures.
(26)      Regulation (EC) No 883/2004 .
(27)      Commission v Belgium, C-356/15 .
(28)      Altun and Others, C-359/16 .
(29)      Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others, C-426/16 and press release .
(30)      Dyson, C-632/16 and Court press release No 117/18 .
(31)      Directive 2004/38/EC .
(32)       Diallo,   C-246/17 .
(33)      Directive 2004/38/EC .
(34)       Joined cases: K., C-331/16 and H., C-366/16 .
(35)      Directive 2001/42/EC , Inter-Environnement Bruxelles and Others, C-671/16 .
(36)      Matzak, C-518/15 and Court press release No 14/18 .
(37)      Gnandi, C-181/16 and Court press release No 88/18 .
(38)      K.A. and Others, C-82/16 and Court press release No 64/18 .
(39)      Directive 2004/49/EC ; IP/18/6252 .
(40)      Directive 2009/12/EC ; MEMO/18/6247 .
(41)      Regulation (EU) No 1151/2012 , MEMO/18/349 .
(42)      Directives 2009/72/EC and 2009/73/EC , MEMO/18/349 .
(43)      Directive 2011/70/Euratom , MEMO/18/3446 .
(44)      Directive 2008/50/EC , MEMO/18/6247 .
(45)      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).
(46)      Directive 2008/50/EC , MEMO/18/6247 , Commission v Bulgaria, C-488/15 .
(47)       MEMO/18/4486 .
(48)      Directive 2005/36/EC , MEMO/18/4486 .
(49)       MEMO/18/6247 .
(50)       Directive 2015/2366/EU .
(51)       Directive 2016/97/EU .
(52)       Directive 2014/65/EU ; MEMO/18/349 .
(53)      Commission Directive 2016/1214/EU.
(54)      Commission Implementing Directive 2017/1279 /EU .
(55)      Commission Implementing Directive 2018/100 /EU .
(56)      Directive 2014/42/EU .
(57)      Directive 2016/1148/EU ; MEMO/18/4486 .
(58)      Directive 2016/2102 /EU .
(59)      Directive 2016/343/EU .
(60)      Directive 2016/680/EU .
(61)      Directive 2017/1564 /EU Commission v Bulgaria, C-27/18. Subsequently Bulgaria took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(62)      Directive 2014/89/EU , Commission v Bulgaria, C-61/18. Subsequently Bulgaria took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(63)      Directive 91/676/EEC .
(64)      Directive 2006/93/EC.
(65)      Directive 2014/40/EU .
(66)      Commission Directive 2016/1214/EU.
(67)      Commission Implementing Directive 2017/1279 /EU .
(68)       Directive 2014/91/EU .
(69)      Directive 2015/2302 /EU .
(70)      Directive 652/2015/EC .
(71)      Directive 2009/147/EC , Commission v Bulgaria, C-97/17 .
(72)      Ahmedbekova, C652/16 .
(73)      Fathi, C‑56/17 .
(74)      Directive 2009/21/EC ; MEMO/18/4486 .
(75)      Directive 2008/50/EC , MEMO/18/6247 .
(76)      Directive 2011/70/Euratom , MEMO/18/3446 .
(77)      Directive 2011/70/Euratom , MEMO/18/3446 .
(78)      Directive 2005/36/EC , MEMO/18/4486 .
(79)      Commission Directive 2016/1214/EU.
(80)      Commission Implementing Directive 2017/1279 /EU .
(81)      Directive 2016/2102/EU .
(82)      Directive 2017/1564/EU .
(83)      Regulation (EU) No 994/2010 .
(84)      Directive 2002/20/EC .
(85)      Regulation 511/2014/EU .
(86)      Directive 2014/54/EU .
(87)       Directive 2014/17/EU ,   MEMO/18/1444 .
(88)      Commission Directive 2016/1214/EU.
(89)      Commission Implementing Directive 2017/1279 /EU .
(90)      Directive 2014/66/EU .
(91)       MEMO/18/1444 .
(92)       Directive 2014/42/EU .
(93)    Directive 2006/126/EC nc   2006/126/EC , Commission v Czech Republic, C-314/16 .
(94)      Commission v Czech Republic, C-575/16 .
(95)      Regulation (EC) 1072/2009 ; MEMO/18/4486 .
(96)      Directive 2005/36/EC , MEMO/18/4486 .
(97)      Directive 2004/35/EC .
(98)       MEMO/18/6247 .
(99)       IP/18/357 .
(100)      Regulation (EU) No 1151/2012 , MEMO/18/349 .
(101)      Directive 2011/70/Euratom , MEMO/18/3986 .
(102)      Directive 2011/70/Euratom , MEMO/18/3446 .
(103)      Commission Directive 2016/1214/EU .
(104)      Directive 2016/1148/EU ; MEMO/18/4486 .
(105)      Directive 2006/21/EC .
(106)      Regulation (EC) 1072/2009 .
(107)      Directive 2003/88/EC .
(108)      Directive 2014/52/EU.
(109)      Commission Directive 2016/1214/EU .
(110)       Directive 2014/17/EU ; MEMO/18/1444 .
(111)      Directive 2014/87/Euratom.
(112)      Regulation (EC) No 1072/2009 nc  (EC) No 1072/2009 , Commission v Kingdom of Denmark, C-541/16 .
(113)      Bevola, C-650/16 .
(114)      Deha Altiner et Ravn, C-230/17 .
(115)      Directive 2004/49/EC ; MEMO/18/3446 .
(116)       MEMO/18/1444 .
(117)      Directive 2012/27/EU , MEMO/18/6247 .
(118)      Directive 2011/70/Euratom , MEMO/18/3446 .
(119)      Directive 2010/63/EU , MEMO/18/4486 .
(120)      Directive 2005/36/EC , MEMO/18/4486 .
(121)       Directive 2016/97/EU .
(122)      Directive 2016/2102 /EU .
(123)      Directive 2017/1564 /EU .
(124)      Directive 2016/680/EU .
(125)      Directives 2009/72/EC and 2009/73/EC , Commission v Germany, C-718/18 ; IP/18/4487 .
(126)      Directive 2008/50/EC , Commission v Germany, .
(127)      Regulation (EC) No 1107/2009 .
(128)      Directive 2004/49/EC.
(129)       IP/18/3459.
(130)      Directive 2014/66/EU .
(131)       Directive 2014/42/EU .
(132)      Directive 652/2015/EC
(133)       MEMO/18/1444 .
(134)      Directive 91/676/EEC , Commission v Germany, C-543/16.
(135)      Commission v Germany, C-668/16 .
(136)      Commission v Germany, C-380/16 .
(137)      Max-Planck-Gesellschaft zur Förderung der Wissenschaften, C-684/16 ; Bauer C-569/16 .
(138)      Hein, C-385/17 .
(139)      Egenberger, C-414/16 ; IR, C-68/17 .
(140)      Wirtschaftsakademie Schleswig-Holstein,  C-2010/16 .
(141)      Günter Hartmann Tabakvertrieb, C-425/17 .
(142)      Achmea, C-284/16 .
(143)      Regulation (EC) No 261/2004 , flightright GmbH v Air Nostrum, Líneas Aéreas del Mediterráneo SA, Roland Becker v Hainan Airlines Co. Ltd and Mohamed Barkan and Others v Air Nostrum, Líneas Aéreas del Mediterráneo SA, joined cases C-274/16 , C-447/16 and C-448/16 , and Court press release No 28/18 .
(144)      Regulation (EC) No 261/2004 , Helga Krüsemann and Others v TUIfly GmbH, joined cases C-195/17 , C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17, and Court press release No 49/18 .
(145)    Regulation (EC) No 261/2004 , Claudia Wegener v Royal Air Maroc SA, C-537/17 , and Court press release No 77/18 .
(146)      Regulation (EC) No 261/2004 , flightright, C-130/18 .
(147)      Regulation (EC) No 261/2004 , Wirth and Others, C-532/17 and Court press release No 100/18 .
(148)      Regulation (EC) No 261/2004 , Dirk Harms and Others v Vueling Airlines SA, C-601/17 , and Court press release No 128/18 .
(149)      Regulation (EC) No 1008/2008 , Verbraucherzentrale Baden-Württemberg e.V. v Germanwings GmbH, C-330/17 , and Court press release No 176/18 .
(150)      Hornbach, C-382/16 .
(151)      GS, C-440/17 .
(152)      S, C-367/17 .
(153)      Directives 92/43/EEC and 2004/35/EC ; Deutscher Naturschutzring,  C-683/16 .
(154) Hasan, C‑360/16 .
(155)      Joint cases: Touring Tours und Travel, C412/17 and Sociedad de Transportes, C474/17 .
(156)      Vossloh, C-124/17 .
(157)      Maniero, C-457/17.
(158)      Directive 2011/70/Euratom , MEMO/18/3986 .
(159)      Directive 2011/70/Euratom , MEMO/18/3446 .
(160)      Directive 2010/63/EU , MEMO/18/4486 .
(161)      Directive 91/271/EEC , MEMO/18/3986 .
(162)      Directive 2005/36/EC , MEMO/18/4486 .
(163)      Directive 2017/1564 /EU .
(164)      Directive 2016/680/EU .
(165)       Directive 2014/42/EU .
(166)      Directive  2014/104/EU .
(167)      Directive 2009/18/EC ; IP/18/4492 .
(168)      Regulation (EC) No 1224/2009 , MEMO/18/3446 .
(169)      Directive 2012/27/EU , MEMO/18/4486 .
(170)      Directive 2011/70/Euratom , MEMO/18/3986 .
(171)      Directive 2011/70/Euratom , MEMO/18/3446 .
(172)      Directive 92/43/EEC , MEMO/18/6247 .
(173)      Directive 2005/36/EC , MEMO/18/4486 .
(174)      Directive 98/83/EC , MEMO/18/4486 .
(175)      Commission Directive 2016/1214/EU.
(176)      Commission Implementing Directive 2017/1279 /EU .
(177)      Commission Implementing Directive 2018/100 /EU .
(178)      Directive 2013/59/Euratom , MEMO/18/3446 .
(179)      Directive 2016/1148/EU , MEMO/18/4486 .
(180)      Directive 2016/2102 /EU .
(181)      Council Framework Decision 2009/315/JHA.
(182)      Directive 2015/2302 /EU .
(183)      Directive 85/337/EEC amended by Directive 97/11/EC , Commission v Ireland, C-261/18 ; IP/18/355 .
(184)      Commission v Ireland,  C-550/18 .
(185)      Directive 2005/45/EC.
(186)      Directive 2000/60/EC .
(187)      Directive 2007/60/EC .
(188)      Directive 2005/29/EC .
(189)       Directive 2009/138/EC ,  MEMO/18/349 .
(190)       Directive 2014/42/EU .
(191)      Directive  2014/104/EU .
(192)      Commission Directive 2016/1214/EU.
(193)      Commission Implementing Directive 2017/1279 /EU .
(194)      Commission v Ireland, C-504/17 .
(195)      Ryanair, C-249/17 .
(196)      Directive 92/43/EEC , Grace and Sweetman, C-164/17 .
(197)      Directive 92/43/EEC .
(198)      Directive 2011/92/EU .
(199)      Holohan and Others, C-461/17 .
(200)      People Over Wind and Sweetman, C-323/17 .
(201)      North East Pylon Pressure Campaing and Sheehy, C-470/16 .
(202)      Klohn, C-167/17 .
(203)      PPU - R O, C-327/18 .
(204)      Minister for Justice and Equality, C-216/18 and Court press release No 113/18 .
(205)       IP/18/1451 .
(206)      Directive 2005/36/EC .
(207)      Directive 2005/36/EC , MEMO/18/4486 .
(208)      Regulation (EC) 300/2008 ;   MEMO/18/1444 .
(209)      Directive 2012/27/EU ,   MEMO/18/1444 .
(210)      Directive 2011/70/Euratom , MEMO/18/3446 .
(211)      Directive 92/43/EEC , MEMO/18/1444 .
(212)       Directive 2015/2366/EU .
(213)       Directive 2016/97/EU .
(214)       Directive 2014/65/EU ; MEMO/18/349 .
(215)      Directive 2013/59/Euratom , MEMO/18/3446 .
(216)      Directive 2016/1148/EU ; MEMO/18/4486 .
(217)      Directive 2016/2102 /EU .
(218)      Directive 2017/1564 /EU .
(219)      Directive 2016/343/EU .
(220)      Directive 2015/637/EU .
(221)      Directive 2006/123/EC .
(222)      Commission v Greece, C-729/17 , Directive 2005/36/EC .
(223)      Commission v Greece, C-91/18, IP/17/242.
(224)      Directive 2014/89/EU , Commission v Greece, C-36/18 . Greece subsequently took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(225)      Directive 2000/60/EC .
(226)      Directive 2003/88/EC .
(227)       Directive 2014/17/EU ,  MEMO/18/1444 .
(228)       Directive 2014/91/EU .
(229)      Directive 2014/66/EU .
(230)      Directive 2015/720 /EU .
(231)      Directive 2014/52/EU .
(232)      Directive 652/2015/EC .
(233)      These rulings are almost exclusively handed down in infringement procedures.
(234)      Commission v Greece, C-119/02 .
(235)      Commission v Greece, C-328/16 and Court press release No 17/18 .
(236)      Commission v Greece, C-590/16 .
(237)      Commission v Greece, C-485/10 .
(238)      Commission v Greece,  C-93/17 and Court press release No 172/18 .
(239)      Directive 2008/106/EC. MEMO/18/3446 .
(240)      Directive 2012/27/EU , MEMO/18/6247 .
(241)      Directive 2012/27/EU ,   MEMO/18/1444 .
(242)      Directive 2011/70/Euratom , MEMO/18/3446 .
(243)    Directive 2007/60/EC .
(244)      Directive 2005/36/EC ,   MEMO/18/4486 .
(245)      Directive 2010/63/EU , MEMO/18/4486 .
(246)      Directive 91/676/EEC , MEMO/18/6247 .
(247)       Directive 2015/2366/EU .
(248)       Directive 2016/97/EU .
(249)       Directive 2014/65/EU ; MEMO/18/349 .
(250)      Commission Directive 2016/1214/EU.
(251)      Directive 2014/87/Euratom , MEMO/18/3986 .
(252)      Directive 2016/1148/EU ; MEMO/18/4486 .
(253)      Directive 2008/98/EC , Commission v Spain, C-642/18 ; IP/18/3987 .
(254)      Directive 2000/60/EC , Commission v Spain, C-556/18 ; IP/18/1445 .
(255)      Commission v Spain, C-207/18 ; Directive 2014/26/EU .  Subsequently Spain took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(256)      Commission v Spain, C-164/18 , Directive 2014/23/EU .
(257)      Commission v Spain, C-165/18 , Directive 2014/25/UE .
(258)      Commission v Spain, C-430/18 ; Directive 2014/92/EU .
(259)       Regulation (EU) 98/2013 .
(260)      Directive 2002/21/EC .
(261)      Directive 2006/115/EC .
(262)      Directive 2014/24/EU .
(263)      Directive 92/43/EEC .
(264)      Directive 652/2015/EC
(265)      Commission Directive 2016/1214/EU.
(266)      Directive 2013/11/EU .
(267)      Directive 2014/104/EU ; MEMO/18/1444 .
(268)      Directive 2015/720/EU .
(269)      These rulings are almost exclusively handed down in infringement procedures.
(270)       Commission Implementing Directive 2015/2392/EU on Regulation (EU) N° 596/2014 .
(271)      Commission v Spain, C-599/17 .
(272)      Regulation (EC) No 1071/2009 , Commission v Kingdom of Spain, C-181/17 .
(273)      Commission v Spain, C‑343/10 .
(274)      Commission v Spain, C-205/17 and Court press release No 120/18 .
(275)      Ministerio Fiscal  C‑207/16 .
(276)      Montero Mateos, C-677/16 , Grupo Norte Facility, C-574/16 and de Diego Porras, C-619/17 .
(277)       Gonzalez Castro ,   C-41/17 .
(278)      Porras Guisado, C-103/16.
(279)      Lu Zheng, C-190/17 .
(280)      Asociación Nacional de Productores de Ganado Porcino, C-169/17 .
(281)      Directive 2012/27/EU , Saras Energía, C-561/16 .
(282)      Directive 2008/50/EC .
(283)      Directive 2008/98/EC .
(284)      Directive 2002/49/EC .
(285)      Directive 2002/49/EC .
(286)      Directive 91/271/EEC .
(287)      Directive 2005/36/EC , MEMO/18/4486 .
(288)      Directive 2015/2193/EU , MEMO/18/3986 .
(289)      Commission Directive 2016/1214/EU .
(290)       Directive 2016/97/EU .
(291)      Directive 2016/1148/EU ; MEMO/18/4486 .
(292)      Directive 2016/2102/EU .
(293)      Directive 2017/1564/EU .
(294)      Directive 2015/849/EU .
(295)      Commission Directive 2017/164/EU .
(296)      Directive 2008/50/EC , Commission v France, C-636/18 ; IP/18/3450 .
(297)      Directive 2016/2284/EU .
(298)      Directives 2009/72/EC and 2009/73/EC .
(299)      Directive 2014/104/EU ; MEMO/18/1444 .
(300)      Directive 2014/26/EU ; IP/18/353 .
(301)      Directive 652/2015/EC
(302)      Directive 2014/40/EU .
(303)      Commission Directive 2016/1214EU .
(304)      Commission v France (Précompte mobilier), C-416/17 .
(305)      Messer, C-103/17 .
(306)      SOFINA, C-575/17 .
(307)      Directive 98/34/EC and Directive 2006/123/EC , Criminal proceedings against Uber France, C-320/16 and Court press release No 39/18 .
(308)      Hassan, C647/16.
(309)      SCI Château du Grand Bois, C-59/17 .
(310)      Directive 2001/18/EC .
(311)      Confédération paysanne and Others, C-528/16 and press release .
(312)  Croatia joined the EU on 1 July 2014.
(313) Croatia joined the EU Pilot system in July 2014.
(314)      Directive 92/43/EEC .
(315)      Directive 2009/147/EC .
(316)      Directive 2011/92/EU .
(317)      Directive 2009/21/EC ; MEMO/18/4486
(318)      Directive 2011/70/Euratom , MEMO/18/3986 .
(319)      Decision 2017/899/EU ; MEMO/18/6247 .
(320)      Directive 2005/36/EC ,   MEMO/18/4486 .
(321)       Directive 2015/2366/EU .
(322)       Directive 2016/97/EU .
(323)       Directive 2014/65/EU ; MEMO/18/349 .
(324)      Directive 2016/1148/EU ; MEMO/18/4486 .
(325)      Directive 2016/2102/EU .
(326)      Directive 2016/680/EU .
(327)      Directive 2016/343/EU .
(328)      Directive 2008/98/EC , Commission v Croatia, C-250/18 ; IP/18/1448 .
(329)      Directive 2011/70/Euratom , Commission v Croatia; C-391/18 , MEMO/18/3446 .
(330)    Regulation (EC) No 300/2008 , IP/18/1450 , MEMO/18/1444 .
(331)      Regulation (EU) No 511/2014 .
(332)      Directive 2008/98/EC .
(333)      Directive 2002/49/EC .
(334)      Directive 2008/56/EC .
(335)      Directive 2014/104/EU ; MEMO/18/1444 .
(336)       Directive 2014/17/EU ; MEMO/18/1444.
(337)      Directive 2013/30/EU .
(338)      Directive 2013/11/EU .
(339)      Directive 2014/66/EU .
(340)      Directive 2015/720/EU .
(341)       IP/18/6265 .
(342)       IP/18/6265 .
(343)      Directive 2008/106/EC., MEMO/18/3446 .
(344)      Directive 2009/81/EC ; IP/18/357 .
(345)      Directive 2005/36/EC ,   MEMO/18/4486 .
(346)      Directive 2011/70/Euratom , MEMO/18/3446 .
(347)      Directive 2008/56/EC
(348)      Directive 91/676/EEC , MEMO/18/6247 .
(349)      Directive 91/271/EEC , MEMO/18/4486 .
(350)      Directive 91/271/EEC , MEMO/18/3446 , Commission v Italy, C-85/13 .
(351)      Directive 2017/2096/EU .
(352)      Commission Directive 2016/1214 /EU .
(353)      Commission Implementing Directive 2017/1279 /EU .
(354)      Directive 2013/59/Euratom , MEMO/18/3446 .
(355)      Directive 2017/1564/EU .
(356)       Directive 2015/1794/EU , MEMO/18/3446 .
(357)      Directive 2015/2302/EU .
(358)      Commission Directive 2017/164/EU .
(359)      Directive 2011/70/Euratom , Commission v Italy, ; C-434/18   , MEMO/18/3446 .
(360)      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)).
(361)      Directive 2008/50/EC , Commission v Italy, C-644/18 ; IP/18/3450 .
(362)      Commission v Italy,  C-481/18 ,  IP/18/3806 .
(363)      Commission v Italy,  C-443/18 ,  IP/18/3805.
(364)      Commission v Italy, C-122/18 , Directive 2011/7/EU .
(365)      Commission v Italy, C-304/18 .
(366)       Commission v Italy,   C-576/18 .
(367)      Directive 2008/98/EC .
(368)      Directive; 2014/104/EU ; MEMO/18/1444 .
(369)      Commission Directive 2016/1214/EU.
(370)      Directive 2015/2203 /EU .
(371)      Commission Implementing Directive 2017/1279 /EU .
(372)      Commission v Italy, C-433/15 .
(373)      Commission v Italy, C-565/10 .
(374)      Commission v Italy, C-251/17 and Court press release   No 74/18 .
(375)      Menci, C-524/15 .
(376)      Santoro, C-494/16 .
(377)      Sciotto, C-331/17 ; Council Directive 1999/70/EC .
(378)      Pantuso, C-616/16 .
(379)      Preindl, C-675/17 .
(380)      Novartis Farma, C-29/17 and press release .
(381)      Stanley International Betting, C-375/17 .
(382)       Directive 97/9/EC .
(383)      Directive 2005/36/EC ,   MEMO/18/4486 .
(384)      Directive 2009/21/EC ; MEMO/18/4486 .
(385)       IP/18/1451 .
(386)      Directive 2012/27/EU , MEMO/18/4486 .
(387)      Directive 92/43/EEC , MEMO/18/3446 .
(388)      Directive 91/271/EEC , MEMO/18/3986 .
(389)       Directive 2015/2366/EU .
(390)       Directive 2016/97/EU .
(391)      Commission Directive 2016/1214/EU.
(392)      Commission Implementing Directive 2018/100 /EU .
(393)      Directive 2013/59/Euratom , MEMO/18/3446 .
(394)      Directive 2016/2102 /EU .
(395)      Directive 2017/1564 /EU .
(396)      Directive 2016/343/EU .
(397)      Directive 2016/680/EU .
(398)      Directive 2009/16/EC .
(399)      Directive 92/43/EEC .
(400)       Directive 2009/138/EC ,  MEMO/18/349 .
(401)      Commission Directive 2016/1214/EU.
(402)      Directive 2015/2203 /EU .
(403)      Directive 2014/104/EU , MEMO/18/1444 .
(404)      Directive 2014/36/EU .
(405)      Directive 2015/720 /EU .
(406)      Directive 652/2015/EC .
(407)      Directive 2008/106/EC. MEMO/18/3446 .
(408)       MEMO/18/3986 .
(409)      Directive 2011/70/Euratom , MEMO/18/3986 .
(410)       Directive 2015/2366/EU .
(411)       Directive 2016/97/EU .
(412)       Directive 2014/65/EU ; MEMO/18/349
(413)      Directive 2016/1148/EU ; MEMO/18/4486 .
(414)      Directive 2017/1564/EU .
(415)      Directive 2017/2096/EU .
(416)       Directive 2009/138/EC ,  MEMO/18/349 .
(417)       Directive 2014/91/EU .
(418)      Directive 2014/40/EU .
(419)      Directive 2011/70/Euratom .
(420)      Directive 2014/104/EU , MEMO/18/1444 .
(421)      Directive 2011/70/Euratom , MEMO/18/3446 .
(422)      Directive 92/43/EEC , MEMO/18/3446 .
(423)      Directive 2005/36/EC ,   MEMO/18/4486 .
(424)       MEMO/18/349 .
(425)       Directive 2015/2366/EU .
(426)       Directive 2014/65/EU , MEMO/18/349 .
(427)      Directive 2016/1148/EU ; MEMO/18/4486 .
(428)      Directive 2016/2102 /EU .
(429)      Directive 2017/1564 /EU .
(430)      Directive 2016/680/EU .
(431)      Directive 2015/2302 /EU .
(432)      Directive 2009/18/EC .
(433)      Regulation (EEC) 4055/86 .
(434)      Directives 2004/23/EC , 2006/17/EC and 2006/86/EC .
(435)      Directive 2014/66/EU .
(436)      Directive 2014/36/EU .
(437)      Directives 2010/64/EU and 2012/13/EU .
(438)      Directive 2014/87/Euratom .
(439)      Regulation (EU) 1380/2013 .
(440)    Spika and Others, C-540/16 .
(441)      Specializuotas transportas, C-531/16 .
(442)      Roche Lietuva, C-413/17 .
(443)      Directive 2005/36/EC .
(444)      Commission Directive 2016/1214/EU.
(445)      Commission Implementing Directive 2017/1279 /EU .
(446)       Directive 2015/2366/EU .
(447)       Directive 2016/97/EU .
(448)       Directive 2014/65/EU ; MEMO/18/349 .
(449)      Directive 2013/59/Euratom , MEMO/18/3446
(450)      Directive 2015/2193/EU .
(451)      Directive 2016/1148/EU ; MEMO/18/4486 .
(452)      Directive 2016/2102/EU .
(453)      Directive 2017/1564/EU .
(454)      Directive 2015/2302/EU .
(455)      Directive 2014/41/EU  ; MEMO/18/349 .
(456)      Commission v Luxembourg, C-20/18 . Luxembourg subsequently took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(457)      Commission v Luxembourg, C-86/18 . Luxembourg subsequently took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(458)      Commission v Luxembourg, C-87/18 . Luxembourg subsequently took the necessary measures and the case has been withdrawn from the Court.
(459)      Commission v Luxembourg, C-88/18 . Luxembourg subsequently took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(460)      Commission Directive 2016/1214/EU.
(461)      Commission Implementing Directive 2017/1279 /EU .
(462)       Directive 2014/17/EU , MEMO/18/1444.
(463)      Directive ; 2014/61/EU , IP/18/352 .
(464)      Council Directive 2016/2258/EU  ; MEMO/18/6247 .
(465)      Directive 2014/52/EU .
(466)      Directive 2014/54/EU .
(467)      Directives 2010/64/EU and 2012/13/EU .
(468)       Framework decision 2006/960/JHA .
(469)      These rulings are almost exclusively handed down on infringement procedures.

Brussels, 4.7.2019

SWD(2019) 287 final

COMMISSION STAFF WORKING DOCUMENT

Part III: Member States

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Malta    

Netherlands    

Austria    

Poland    

Portugal    

Romania    

Slovenia    

Slovakia    

Finland    

Sweden    

United Kingdom    

Methodology and explanations    

Hungary

I.COMPLAINTS

1.New complaints made against Hungary by members of the public (2014-2018)

2.Public complaints against Hungary open at year-end

65

>

Complaints open at end-2017

38

>

New complaints registered in 2018

62

>

Complaints handled in 2018

= 41

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Hungary (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas



4.EU Pilot files: Hungary’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Hungary open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 22 new infringement cases against Hungary in 2018. These, and other major ongoing infringement cases, include:

·failure to verify compliance with air safety requirements 1 ;

·failure to comply with EU legislation on Flag State requirements 2 ;

·non-compliance with the requirements of the Energy Efficiency Directive 3 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 4 ;

·failure to fulfil obligations under the Long-Term Residents Directive 5 since Hungarian law precludes third country nationals who are long-term residents from access to employment or self-employed activities in the veterinary sector;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 6 ;

·incompatibility of domestic legislation with the EU provisions on asylum and free movement, as well as the EU Charter of Fundamental Rights 7 ;

·non-communication of national measures transposing the

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 8 ;

oDirective on end-of life vehicles 9 ;

oDirective on security of network and information systems 10 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 11 .

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

·the introduction of conditions on the transparency of organisations supported from abroad, in violation of the free movement of capital and the Charter of Fundamental Rights 12 ;

·non-compliance with the requirements of the Third Energy Package Directives (Electricity and Gas Directives) 13 ;

·exceedance of the PM10 14 limit values set by the Air Quality Directive 15 ;

·non-compliance of asylum and return legislation with EU law  16 ;

·amendments of the Hungarian Higher Education Act (CCIV), which violate EU law by restricting the operations of EU and non-EU higher education institutions 17 .

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 Hungary open on 31 December (2014-2018)

2.New late transposition infringement cases against Hungary (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-communication of national measures transposing the Directives on

otobacco products 18 ;

oprotective measures against the introduction into the Community of organisms harmful to plants 19 ;

othe freezing and confiscation of instrumentalities and proceeds of crime 20 ;

·incorrect transposition of the Directive on the protection of the environment through criminal law 21 ;

·incorrect transposition of the EU rules on maternity leave.

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court ruled that:

·Hungary breached its obligations under the Services Directive by adopting legislation creating a monopoly by a State-owned entity on the provision of mobile payments services for public parking and other activities 22 .

2.Preliminary rulings

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

·Recourse to a psychologist’s expert report for the purpose of assessing the veracity of a claim made by an asylum seeker as to his sexual orientation constitutes an interference with that person’s right to respect for his private life and is not consistent with EU law 23 .

·Any decision to exclude a person from refugee status or subsidiary protection must be preceded by a full investigation into all the circumstances of his individual case and cannot be taken automatically. The penalty provided for a specific crime under the law of the particular Member State may not constitute the sole criterion to determine whether the person claiming subsidiary protection may be excluded from it 24 .

·National legislation restricting usufructuary rights over agricultural land breaches the free movement of capital. The Court concluded that the claimants could enjoy the property in which they invested capital and the national legislation was potentially discriminatory as it favoured close family members of the landowners, who were mainly Hungarian citizens 25 .

·The requirement of proportionality concerning the system of penalties applicable set out in the Directive on the charging of heavy goods vehicles for the use of certain infrastructures does not have direct effect 26 .

·When businesses fulfil the conditions of the special exemption scheme for small enterprises, for the scheme to apply the taxable person must opt for its application. In the absence of doing so, the normal VAT obligations apply by default 27 .

·The case concerns a national procedural rule which submits the possibility of asserting a claim under civil law in the event of an infringement of the rules governing public procurement and the award of public contracts to the condition that the infringement be definitively established by a court decision. The Court ruled that the rule can be considered compatible with EU legislation 28 .

·The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review 29 .

Malta

I.COMPLAINTS

1.New complaints made against Malta by members of the public (2014-2018)

2.Public complaints against Malta open at year-end

24

>

Complaints open at end-2017

30

>

New complaints registered in 2018

29

>

Complaints handled in 2018

= 25

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Malta (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas



4.EU Pilot files: Malta’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Malta open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 22 new infringement cases against Malta in 2018. These, and other major ongoing infringement cases, include:

·incorrect application of the VAT rules on the lease of yachts and the incorrect taxation of purchases of yachts 30 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 31 ;

·non-compliance with the requirements of the Energy Efficiency Directive 32 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 33 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 34 ;

·failure to notify the national policy framework as required under the Directive on the deployment of alternative fuels infrastructure 35 ;

·non-communication of national measures transposing the:

oPayment Services Directive 36 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 37 ;

oDirective as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 38 ;

oDirective on end-of life vehicles 39 ;

oDirective on the reduction of national emissions of certain atmospheric pollutants 40 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 41 ;

oBasic Safety Standards Directive 42 .

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 Malta open on 31 December (2014-2018)

2.New late transposition infringement cases against Malta (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned non-communication of national measures transposing the Directives:

oconcerning undertakings for collective investment in transferable securities 43 ;

oon end-of-life vehicles 44 ;

oon protective measures against the introduction into the Community of organisms harmful to plants 45 ;

oon the deployment of alternative fuels infrastructure 46 ;

oon the assessment of the effects of certain public and private projects on the environment 47 ;

oAntitrust Damages Directive 48 ;

oon fuel quality reporting requirements and calculation methods 49 .

VI.IMPORTANT JUDGMENTS

1.Court ruling

The Court ruled that:

·Malta has failed to comply with the Birds Directive in adopting a certain derogation regime allowing the capture of seven species of wild birds 50 .

2.Preliminary rulings

No major preliminary rulings were addressed to the Maltese judiciary in 2018.

Netherlands

I.COMPLAINTS

1.New complaints made against the Netherlands by members of the public (2014-2018)

2.Public complaints against the Netherlands open at year-end

68

>

Complaints open at end-2017

110

>

New complaints registered in 2018

110

>

Complaints handled in 2018

= 68

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy area



II.EU PILOT

1.New EU Pilot files opened against the Netherlands (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas


4.EU Pilot files: Netherlands’ resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against the Netherlands open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 19 new infringement cases against the Netherlands in 2018. These, and other major ongoing infringement cases, include:

·excessive fees for issuing resident permits 51 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 52 ;

·non-compliance with the requirements of the:

oEnergy Efficiency Directive 53 ;

oEnergy Performance of Buildings Directive 54 ;

oEuropean radio spectrum rules 55 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 56 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 57 ;

·unjustified offset requirements demanding compensation from non-national suppliers when purchasing defence equipment from them 58 ;

·non-communication of national measures transposing the :

oPayment Services Directive 59 ;

oDirective as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species; 60

oDirective on security of network and information systems  61 ;

othe Data Protection Law Enforcement Directive 62 ;

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 the Netherlands open on 31 December (2014-2018)

2.New late transposition infringement cases against the Netherlands (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·failure to stop ongoing deterioration of a Natura 2000 site at Westerschelde in breach of the Habitats Directive 63 ;

·incorrect transposition of the Third Energy Package Directives 64 ;

·the Antitrust Damages Directive 65 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 66

There were no major Court rulings in 2018.

2.Preliminary rulings

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

·The taste of a food product can be protected by copyright if it can be classified as a ‘work’ within the meaning of the Directive on rights in the information society. Classification as a ‘work’ requires that the subject matter concerned is an original intellectual creation. Secondly, there must be an ‘expression’ of that original intellectual creation 67 .

·Retail is a service and falls within the scope of the Services Directive 68 . The provisions on the freedom of establishment apply also to situations where only one Member State is concerned; the Directive applies also to Member States which regulate the establishment of retail shops through planning rules. A zoning plan rule, such as to reserve a specific location for the sale of bulky items, does not amount to an economic needs test within the meaning of Article 14(5) of the Directive 69 .

·A decision rejecting refugee status on the grounds that there are serious reasons to believe that the applicant committed a war crime or a crime against humanity may fall within the scope of the concept of public policy or public security. However, a case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted 70 .

·The Member State in which a new application for international protection has been lodged is responsible for examining that application, when no take back request has been made within the periods laid down in the Dublin Regulation 71 .

·For the purpose of family reunification of refugees, what counts is that the third country national is below 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State 72 .

·An application for an autonomous residence permit, lodged by a third country national who has resided for over 5 years in a Member State by virtue of family reunification, may be rejected on the grounds that he has not shown that he has passed a civic integration test on the language and society 73 .

·An application for family reunification lodged on behalf of a member of a refugee’s family may be rejected on the grounds that that application was lodged more than 3 months after the sponsor was granted refugee status, whilst affording the possibility of lodging a fresh application under a different set of rules provided that certain conditions are met 74 .

Austria

I.COMPLAINTS

1.New complaints made against Austria by members of the public (2014-2018)

2.Public complaints against Austria open at year-end

122

>

Complaints open at end-2017

65

>

New complaints registered in 2018

85

>

Complaints handled in 2018

= 102

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Austria (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas

In 2018, the Commission opened two EU Pilot files against Austria: one in the area of energy and one in the area of environment.

4.EU Pilot files: Austria’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Austria open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 26 new infringement cases against Austria in 2018. These, and other major ongoing infringement cases, include:

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 75 ;

·failure to adopt and notify the long-term renovation strategy under the Energy Efficiency Directive 76 ;

·non-compliance with the requirements of the Energy Efficiency Directive 77 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 78 ;

·lack of equal access for bidders to tender specifications (public procurement);

·non-conformity of national measures with the Directive on the assessment of the effects of certain public and private projects on the environment 79 ;

·failure to submit a list of proposed sites under the Habitats Directive 80 ;

·incorrect application of the Habitats Directive in the authorisation procedure for a hydro power plant in Ferschnitz 81 ;

·non-communication of national measures transposing the:

oPayment Services Directive 82 ;

oInsurance Distribution Directive 83 ;

oDirective on security of network and information systems 84 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 85 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 86 ;

oDirective on the reduction of national emissions of certain atmospheric pollutants 87 .

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

·failure to notify the national programme for the implementation of a spent fuel and radioactive waste management policy 88 ;

·incorrect application of the Services Directive 89 by imposing unjustified requirements concerning the registered office, legal form and share capital ownership for companies in a number of professions – architects, engineers, patent attorneys and veterinarians 90 .

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 Austria open on 31 December (2014-2018)

2.New late transposition infringement cases against Austria (2014-2018)

3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

The Commission referred three cases to the Court under Articles 258 and 260(3) TFEU. They concern failure to communicate national measures transposing the Directives on

othe award of concession contracts 91 ;

opublic procurement 92 ; 

oprocurement by entities operating in the water, energy, transport and postal services sectors 93 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned non-communication of national measures transposing the:

·Directive on fuel quality reporting requirements and calculation methods 94 ;

·Directive on seasonal workers 95 ;

·Unfair Commercial Practices Directive;

·Directive on intra-corporate transfer 96 ;Antitrust Damages Directive 97 ;

·Nuclear Safety Directive 98 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

The Court gave two rulings:

·Austria breached its obligations under the EU directives on public procurement by awarding service contracts for the production of identity documents and other official documents without holding an EU-wide call for tenders  99 .

·Austria levies VAT on the royalties paid to the author of an original artistic work upon its resale, within the framework of the resale right. However, the royalty depends entirely on the price paid in the resale, the amount of which cannot be influenced by the author. The author (or his heirs) is entitled to the royalty without having to, or even being able to, undertake any service, either by action or by inaction. The Court decided that the resale right is not subject to VAT.  100

2.Preliminary rulings

The Court addressed the following preliminary rulings to the Austrian judiciary:

·A worker posted by an employer to carry out work in another Member State and who is sent to replace a worker posted by a different employer cannot remain subject to the social security legislation of the Member States in which his employer usually carries on its activities 101 . 

·The obligation to provide prior information laid down in the Regulation on public passenger transport services by rail and by road also applies to contracts for public transport services by bus. However, an infringement of that obligation does not always entail the annulment of the call for tenders concerned 102 .

·In the case of two successive supplies giving rise to only one intra-Community transport, only one of the two supplies can give rise to the intra-Community transport and be exempted from VAT 103 .

·The owner of an internet connection used for copyright infringements through file-sharing cannot be held liable to pay damages if he can name at least one family member who might have had access to that connection, without providing further details as to when and how the internet was used by that family member 104 .

·A recipient of services can be ordered to suspend payments and pay a security to guarantee payment of a possible fine which might be imposed by the host Member State on a provider of services established in another Member State. The ruling concerned the application of the Services Directive in matters related to labour law 105 .

·national legislation which provides that refugees with a temporary right of residence in a Member State are to be granted social security benefits which are less than those received by nationals of that Member State and refugees who have a permanent right of residence in that Member State is contrary to EU legislation 106 .

Poland

I.COMPLAINTS

1.New complaints made against Poland by members of the public (2014-2018)

2.Public complaints against Poland open at year-end

170

>

Complaints open at end-2017

237

>

New complaints registered in 2018

243

>

Complaints handled in 2018

= 164

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas


II.EU PILOT

1.New EU Pilot files opened against Poland (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas

4.EU Pilot files: Poland’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Poland open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 29 new infringement cases against Poland in 2018. These, and other major ongoing infringement cases, include:

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 107 ;

·failure to comply with the EU requirements on the security of gas supply 108 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the Radioactive Waste Directive 109 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 110 ;

·failure to ensure that urban waste water is adequately treated 111 ;

·direct award of a number of defence contracts to national suppliers in breach of the Defence Procurement Directive 112 ;

·non-compliance with the Consumer Rights Directive;

·failure to ensure that vehicles are dismantled and recycled in an environmentally friendly way when they reach the end of their useful life, in accordance with the Directive on end-of-life vehicles 113 ;

·failure to comply with the EU legislation on the environmental impact assessment of certain public and private projects 114 ;

·non-communication of national measures transposing the :

oPayment Services Directive 115 ;

orevised Markets in Financial Instruments Directive 116 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 117 ;

othe Nuclear Safety Directive 118 ;

oDirective on security of network and information systems 119 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 120 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 121 .



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

·the adoption of provisions in the Ordinary Courts Organisation law adversely affecting the independence of the Polish judiciary and of provisions which are incompatible with the EU legislation on non-discrimination 122 ;

·the national law on the Supreme Court in relation in particular to the retirement regime, in breach of the principle of judicial independence, including the irremovability of judges 123 .

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 Poland open on 31 December (2014-2018)

2.New late transposition infringement cases against Poland (2014-2018)



3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·non-communication of national measures transposing the Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market 124 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·incorrect application of the Nitrates Directive through insufficient designation of nitrate vulnerable zones and shortcomings in the action plans 125 ;

·parallel imports of medicines 126 ;

·failure to communicate national measures transposing the

oAlternative Investment Fund Managers Directive 127 ;

oDirective on intra-corporate transfer 128 ;

oDirective concerning undertakings for collective investment in transferable securities 129 ;

oDirective on quality system standards and specifications for blood establishments 130 ;

oAntitrust Damages Directive 131 ; 

oData Protection Law Enforcement Directive 132 ;.

VI.IMPORTANT JUDGMENTS

1.Court rulings 133

The Court gave the following rulings.

·Poland failed to ensure that the investigating body is independent of railway undertakings and rail infrastructure managers controlled by the minister of transport 134 .

·Poland has been persistently exceeding the EU air quality limit values for particulate matter (PM10 135 ) in several zones and agglomerations throughout the whole country. Furthermore, Poland has failed to incorporate in its air quality programmes appropriate measures to ensure that the exceedance period is kept as short as possible 136 .

·Poland has incorrectly transposed into national legislation the requirements of the Environmental Impact Assessment Directive on exploratory drilling. The national legislation found to be non-compliant excludes exploratory works for shale gas carried out at a depth of up to 5 000 m, with the exception of drilling to a depth of at least 1 000 m for projects in 'sensitive' areas, such as nature protection zones or water protection zones 137 .

·Poland has failed to fulfil its obligations under the Habitats and Birds Directives regarding management of the Białowieża Forest. The operations at issue resulted in the loss of a part of the respective Natura 2000 site and therefore could not constitute conservation measures 138 .

2.Preliminary rulings

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

·In Poland, to determine the basis for assessing flavoured beers according to the Plato scale, the dry extract of the finished product including aromatic substances and sugar syrup added after the completion of the fermentation process is taken into consideration. However, the Court decided that in such cases the dry extract of the original wort must be taken into consideration but not the aromatic substances or sugar syrup added after the completion of fermentation 139 .

·The Court confirmed its case law on effective remedies against unfair contract terms. In relation to payment order proceedings, it found that national rules that prevent national courts from assessing of their own motion whether the relevant contract terms are unfair before issuing the payment order do not comply with the Directive on unfair terms in consumer contracts 140 .

Portugal

I.COMPLAINTS

1.New complaints made against Portugal by members of the public (2014-2018)

2.Public complaints against Portugal open at year-end

86

>

Complaints open at end-2017

161

>

New complaints registered in 2018

169

>

Complaints handled in 2018

= 78

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Portugal (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas

4.EU Pilot files: Portugal’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Portugal open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 17 new infringement cases against Portugal in 2018. These, and other major ongoing infringement cases, include the following.

·Incorrect transposition of the:

oDirective on the protection of animals used for scientific purposes 141 ;

oRadioactive Waste Directive 142 .

·Non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 143 .

·Direct award of a number of defence contracts to national suppliers in breach of the Defence Procurement Directive 144 .

·Non-respect of the EU's exclusive competence for the conservation of marine biological resources. Portugal undertook direct démarches towards the North East Atlantic Fisheries Commission (NEAFC) and the International Council for the Exploration of the Sea in the context of an ongoing process at NEAFC aiming to prevent significant impacts of bottom fishing activities on vulnerable marine ecosystems 145 .

·Non-communication of national measures transposing the

oDirective on working conditions of seafarers 146 ;

oPayment Services Directive 147 ;

oInsurance Distribution Directive 148 ;

orevised Markets in Financial Instruments Directive 149 ;

oBasic Safety Standards Directive 150 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 151 ;

oDirective on the reduction of national emissions of certain atmospheric pollutants 152 ;

oDirective on security of network and information systems 153 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 154 ;

oData Protection Law Enforcement Directive 155 .

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

·failure to establish Special Areas of Conservation for the protection of natural habitats and species, and to establish the necessary conservation measures for these sites, as required by the Habitats Directive 156 .

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 Portugal open on 31 December (2014-2018)

2.New late transposition infringement cases against Portugal (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·operation of the Port State Control system 157 ;

·restricted access to the groundhandling market at Porto, Lisbon and Faro airports 158 ;

·lack of a quality management system for the maritime administration’s Flag States-related activities 159 ;

·incorrect transposition of the Third Energy Package Directives 160 ;

·obligation to notify the export of medicines;

·failure to communicate national measures transposing the: 

oSolvency II Directive 161 ;

oDirective on intra-corporate transfer 162 ;

oDirective concerning undertakings for collective investment in transferable securities 163 ;

oDirective on reducing the consumption of lightweight plastic carrier bags 164 ;

orevised Environmental Impact Assessment Directive 165 ;

oCommission Directive 166 amending the Drinking Water Directive 167 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

No major preliminary rulings were addressed to the Portuguese judiciary in 2018.

Romania

I.COMPLAINTS

1.New complaints made against Romania by members of the public (2014-2018)

2.Public complaints against Romania open at year-end

114

>

Complaints open at end-2017

198

>

New complaints registered in 2018

172

>

Complaints handled in 2018

= 140

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Romania (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas



4.EU Pilot files: Romania’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Romania open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 31 new infringement cases against Romania in 2018. These, and other major ongoing infringement cases, include:

·application of a split-payment mechanism for VAT in breach of EU rules 168 ;

·failure to control emissions of sulphur dioxide from two large combustion plants 169 ;

·failure to ensure that urban waste water is adequately treated 170 ;

·non-conformity of certain provisions of domestic legislation on motor third-party liability insurance with the provisions of the Solvency II and Motor Insurance Directives 171 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 172 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 173 ;

·failure to correctly transpose certain requirements of the Radioactive Waste Directive 174 ;

·non-compliance with the requirements of the

oEnergy Efficiency Directive 175 ;

oOil Stocks Directive 176 ;

·incorrect transposition of the Directive on the protection of animals used for scientific purposes 177 ;

·non-communication of national measures transposing the:

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants; 178

oDirective on security of network and information systems; 179

oDirective on the accessibility of the websites and mobile applications of public sector bodies 180 ;

oDirective as regards quality system standards and specifications for blood establishments; 181

oDirective on protective measures against the introduction into the Community of organisms harmful to plants; 182

oPayment Services Directive 183 ;

oInsurance Distribution Directive 184 ;

orevised Markets in Financial Instruments Directive; 185

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 186 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime 187 ;

oPackage Travel Directive. 188

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

·exceedance of the PM10 189 limit values set by the Air Quality Directive 190 .

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 Romania open on 31 December (2014-2018)

2. New late transposition infringement cases against Romania (2014-2018)

3.New late transposition infringement cases opened in 2018: main policy areas

4.Referrals to the Court

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

·failure to communicate national measures transposing the Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use 191 ;

·failure to communicate national measures transposing the Fourth Anti-Money Laundering Directive  192 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned the following:

·failure to comply with the Waste Framework Directive regarding the adoption of waste management plans and waste prevention programmes 193 ;

·failure to notify the national policy framework as required by EU legislation on the deployment of alternative fuels infrastructure 194 ;

·unjustified restrictions on veterinary pharmacies;

·obstacles to the marketing of LPG fuel stations;

·parallel imports of medicines 195 ;

·failure to communicate national measures transposing the

oAntitrust Damages Directive 196 ;

oDirective on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations 197 ;

oDirective on quality system standards and specifications for blood establishments 198 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 199 ;

oDirective concerning undertakings for collective investment in transferable securities 200 ;

oOffshore Safety Directive 201 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 202

The Court ruled that:

·Romania has breached the Landfill Directive by failing to close down 68 landfills which had not received authorisation to continue operating 203 .

2.Preliminary rulings

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

·The work performed by a foster parent under an employment contract with a public authority is not covered by the provisions of the Working Time Directive 204 .

·The term ‘spouse’ in the Free Movement Directive also applies to a person of the same sex as the EU citizen to whom he or she is married. The obligation for a Member State to recognise a same-sex marriage concluded in another Member State, for the sole purpose of granting a right of residence to a non-EU national, does not undermine the institution of marriage in the first Member State 205 .

·A worker on parental leave does not accrue the right to paid annual leave under the provisions of the Working Time Directive 206 .

Slovenia

I.COMPLAINTS

1.New complaints made against Slovenia by members of the public (2014-2018)

2.Public complaints against Slovenia open at year-end

47

>

Complaints open at end-2017

49

>

New complaints registered in 2018

51

>

Complaints handled in 2018

= 45

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Slovenia (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas



4.EU Pilot files: Slovenia’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Slovenia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas



3.Key infringement cases and referrals to the Court

a)The Commission opened 22 new infringement cases against Slovenia in 2018. These, and other major ongoing infringement cases, include:

·non-communication of national measures transposing the:

oInsurance Distribution Directive 207 ;

orevised Markets in Financial Instruments Directive 208 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 209 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 210 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 211 ;

oPackage Travel Directive 212 ;

oData Protection Law Enforcement Directive 213 .

·failure to comply with the judgment of the Court of Justice and rehabilitate an illegal landfill in Bukovžlak, Celje 214 ;

·failure to adopt a national programme for the implementation of spent fuel and radioactive waste management policy compliant with the requirements of the Radioactive Waste Directive 215 ;

·non-compliance with the requirements of the

oEnergy Efficiency Directive 216 ;

oEnergy Performance of Buildings Directive 217 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 218 .

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

·failure to communicate national measures transposing the Delegated Directive implementing the Markets in Financial Instruments Directive 219 .

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 Slovenia open on 31 December (2014-2018)

2.New late transposition infringement cases against Slovenia (2014-2018)

3.New late transposition infringement cases opened in 2018: main policy areas

4.Referral to the Court

The Commission referred three cases to the Court under Articles 258 and 260(3) TFEU. They concern failure to communicate national measures transposing the

orevised Markets in Financial Instruments Directive 220 ;

oAudit Directive 221 ;

oDirective on the award of concession contracts 222 .

V.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

These concerned:

·incorrect application of the Directive on environmental noise due to the lack of noise action plans 223 ;

·incorrect transposition of the Strategic Environmental Assessment Directive and the Environmental Impact Assessment Directive as regards public participation and access to justice in spatial planning 224 ;

·non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 225 ;

oDirective on the freezing and confiscation of instrumentalities and proceeds of crime 226 ;

oAntitrust Damages Directive 227 ;

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 228 ;

oDirective 229 amending the Environmental Impact Assessment Directive;

oDirective on requirements for budgetary frameworks of the Member States 230 ;

oDirective on intra-corporate transfer 231 ;

oNuclear Safety Directive 232 .

VI.IMPORTANT JUDGMENTS

1.Court ruling 233

The Court ruled that

·Slovenia has failed to fulfil its obligations under the Landfill Directive. Twenty landfills which had not been granted authorisation to continue operation have not been closed and rehabilitated, and another landfill has not been brought into compliance with the requirements of the Directive 234 .

2.Preliminary rulings

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

·Subsidiary protection status, granted under the legislation of a Member State, does not offer the ‘same rights and benefits as those offered by the refugee status under Union and national law’ 235 .

Slovakia

I.COMPLAINTS

1.New complaints made against Slovakia by members of the public (2014-2018)

2.Public complaints against Slovakia open at year-end

49

>

Complaints open at end-2017

52

>

New complaints registered in 2018

56

>

Complaints handled in 2018

= 45

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Slovakia (2014-2018)

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

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened two EU Pilot files against Slovakia: one in the area of environment and one in the area of migration and home affairs.

4.EU Pilot files: Slovakia’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Slovakia open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 17 new infringement cases against Slovakia in 2018. These, and other major ongoing infringement cases, include:

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 236 ;

·non-compliance with the requirements of the Energy Efficiency Directive 237 ;

·incorrect transposition of the Directive on the protection of animals used for scientific purposes 238 ;

·non-conformity of domestic legislation with the Habitats Directive and incorrect application of the Habitats Directive and the Birds Directive 239 ;

·non-communication of national measures transposing the

oDirective on the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 240 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 241 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 242 ;

oPackage Travel Directive 243 ;

oDirective on the presumption of innocence 244 .

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

·lack of proper judicial remedies against refusals, annulments or revocation of visas 245 .

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 Slovakia open on 31 December (2014-2018)



2.New late transposition infringement cases against Slovakia (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned

·parallel imports of medicines 246 ;

·registration of right-hand drive vehicles;

·non-communication of national measures transposing the Directives on

oprotective measures against the introduction into the Community of organisms harmful to plants 247 ;

othe freezing and confiscation of instrumentalities and proceeds of crime 248 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 249

The Court ruled that

·Slovakia has failed to comply with an earlier Court judgment 250 that it had failed to fulfil its obligations under the Landfill Directive by authorising the operation of the Žilina-Považský Chlmec landfill site without a site-conditioning plan and in the absence of a definite decision on its continued operation on the basis of an approved site-conditioning plan. The Court ordered Slovakia to pay a lump sum of EUR 1 000 000 and a daily penalty of EUR 5 000 until full compliance is achieved 251 .

2.Preliminary rulings

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

·Member States may not impose a charge on the export of electricity generated in their own territory 252 .

Finland

I.COMPLAINTS

1.New complaints made against Finland by members of the public (2014-2018)

2.Public complaints against Finland open at year-end

41

>

Complaints open at end-2017

50

>

New complaints registered in 2018

51

>

Complaints handled in 2018

= 40

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Finland (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas

In 2018, the Commission opened one EU Pilot files against Finland in the area of energy.

4.EU Pilot files: Finland’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Finland open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 14 new infringement cases against Finland in 2018. These, and other major ongoing infringement cases, include:

·non-compliance with the requirements of the Energy Efficiency Directive 253 ;

·hunting of wild birds in breach of the Birds Directive 254 ;

·non-compliance with the Consumer Rights Directive 255 ;

·non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 256 ;

·non-communication of national measures transposing the:

oBasic Safety Standards Directive 257 ;

oDirective on the reduction of national emissions of certain atmospheric pollutants 258 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 259 ;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 260 ;

oData Protection Law Enforcement Directive 261 .

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 Finland open on 31 December (2014-2018)

2.New late transposition infringement cases against Finland (2014-2018)



3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·non-compliant transposition of the

oDirective on public access to environmental information 262 ;

oUnfair Commercial Practices Directive 263 ;

·incorrect application of the Airport Charges Directive 264 ;

·failure to communicate national measures transposing the:

oMortgage Credit Directive; 265

oDirective on tobacco products; 266  

oDirective on seasonal workers 267 ;

oDirective on intra-corporate transfer 268 .

VI.IMPORTANT JUDGMENTS

1.Court rulings

There were no major Court rulings in 2018.

2.Preliminary rulings

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

·Complaints against an air carrier under Article 31 of the Montreal Convention must be made in writing 269 .

·The case concerned a situation where an extradition request has been made by a third country for an EU citizen who has exercised his/her right to free movement. The Court ruled that the requested Member State is required to ensure that that EU citizen, provided that he resides permanently in its territory, receives the same treatment as that accorded to its own nationals in relation to extradition 270 .

·A return decision accompanied by an entry ban may be enforced against a person holding a residence permit from another Member State, even though the consultation procedure with the latter Member State is ongoing, if the third country national is regarded by the Member State issuing the alert as a threat to public order or national security, without prejudice to that person’s entitlement to rely on the rights he derives from that residence permit, after a reasonable time from the initiation of the consultation procedure and in the absence of a response from the Member State consulted, the Member State issuing the alert for the purposes of refusing entry must withdraw it and, if necessary, put the third-country national on its national list of alerts 271 .

·Data protection legislation covers a set of personal data collected in the course of door-to-door preaching. A religious community is a controller, jointly with its members who engage in preaching, of the processing of personal data carried out by the latter through door-to-door preaching 272 .

Sweden

I.COMPLAINTS

1.New complaints made against Sweden by members of the public (2014-2018)

2.Public complaints against Sweden open at year-end

115

>

Complaints open at end-2017

142

>

New complaints registered in 2018

114

>

Complaints handled in 2018

= 143

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against Sweden (2014-2018)

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

3.New EU Pilot files opened in 2018: policy areas

In 2018 the Commission did not open any new EU Pilot files against Sweden.

4.EU Pilot files: Sweden’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against Sweden open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 21 new infringement cases against Sweden in 2018. These, and other major ongoing infringement cases, include: 

·failure to comply with the requirements of the Urban Waste Water Treatment Directive in 20 agglomerations 273 ;

·non-conformity of national legislation with the

oWater Framework Directive 274 ;

oEnvironmental Liability Directive; 275

oUnfair Commercial Practices Directive 276 ;

oDirective on the recognition of professional qualifications 277 ;

·non-compliance with the requirements of the Energy Efficiency Directive 278 ;

·failure to communicate national measures transposing the

oDirective on the limitation of emissions of certain pollutants into the air from medium combustion plants 279 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 280 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 281 ;

oPayment Services Directive 282 ;

orevised Markets in Financial Instruments Directive; 283

oBasic Safety Standards Directive 284 ;

oDirective on the accessibility of the websites and mobile applications of public sector bodies 285 ;

oPackage Travel Directive 286 ;

oDirective on the presumption of innocence 287 .

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 Sweden open on 31 December (2014-2018)



2.New late transposition infringement cases against Sweden (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·incorrect implementation of the Free Movement Directive;

·non-communication of national measures transposing the

oDirective amending the Environmental Impact Assessment Directive 288 ;

oDirective on intra-corporate transfer 289 ;

oDirective on fuel quality reporting requirements and calculation methods 290 ;

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 291 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 292 ;

oDirective on seasonal workers 293 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 294

There were no major Court rulings in 2018.

2.Preliminary rulings

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

·An application for international protection must not be regarded as manifestly unfounded when, firstly, it is apparent from the information on the applicant’s country of origin that acceptable protection can be ensured for him in that country and, secondly, the applicant has provided insufficient information to justify the grant of international protection 295 .

United Kingdom

I.COMPLAINTS

1.New complaints made against the United Kingdom by members of the public (2014-2018)

2.Public complaints against the United Kingdom open at year-end

188

>

Complaints open at end-2017

167

>

New complaints registered in 2018

168

>

Complaints handled in 2018

= 187

>

Complaints open at end-2018

3.New complaints registered in 2018: main policy areas



II.EU PILOT

1.New EU Pilot files opened against the United Kingdom (2014-2018)

2.Files relating to the United Kingdom open in EU Pilot at year-end

3.New EU Pilot files opened in 2018: main policy areas

In 2018, the Commission opened three EU Pilot files against United Kingdom: two in the area of energy and one in the area of migration and home affairs.

4.EU Pilot files: United Kingdom’s resolution rate in 2014-2018

III.INFRINGEMENT CASES

1.Infringement cases against the United Kingdom open on 31 December (2014-2018)

2.New infringement cases opened in 2018: main policy areas

3.Key infringement cases and referrals to the Court

a)The Commission opened 30 new infringement cases against the United Kingdom in 2018. These, and other major ongoing infringement cases, include the following.

·Discrimination on the grounds of nationality between workers from EU Member States. 296 The United Kingdom’s rules on housing benefit treat beneficiaries who temporarily leave their home but stay within Great Britain (England, Scotland and Wales) more favourably than those who leave those areas during a temporary absence leave those areas. These rules therefore disadvantage workers from other Member States since they are more likely than workers of UK nationality to leave the United Kingdom temporarily 297 .

·Abusive VAT practices in the Isle of Man in the supply and leasing of aircraft 298 .

·Failure to comply with a Court of Justice judgment and control excessive spills from waste water collection systems in London, Whitburn, Llanelli and Gowerton 299 .

·Failure to comply with a Court of Justice judgment and failure to provide waste water treatment in Gibraltar 300 .

·Failure to comply with EU legislation on Flag State requirements 301 .

·Failure to carry out appropriate checks and ensure compliance with the conditions for recognition of fishery producer organisations under the Regulation on the common organisation of the markets in fishery and aquaculture products 302 .

·Non-compliance with the requirements of the Energy Efficiency Directive 303 .

·Failure to correctly transpose certain requirements of the Radioactive Waste Directive 304 .

·Failure to make available to the EU budget own resources lost due to undervalued imports 305 .

·Non-conformity of national transposition measures with the Directive on the recognition of professional qualifications 306 .

·Non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 307 ;

oDirective on protective measures against the introduction into the Community of organisms harmful to plants 308 ;

oDirective as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species 309 ;

oCommission Directive 310 establishing a fourth list of indicative occupational exposure limit values to protect workers from risks arising from exposure to hazardous chemicals;

oDirective on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled 311 .

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

·exceedance of the nitrogen dioxide (NO2) limit values set by the Air Quality Directive 312 .

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 United Kingdom open on 31 December (2014-2018)

2.New late transposition infringement cases against the United Kingdom (2014-2018)

3.New late transposition infringement cases opened in 2018: 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 2018

These concerned:

·breaches of the Large Combustion Plant Directive at the Aberthaw coal-fired power station in Wales 313 ;

·failure to correctly transpose and apply the Strategic Environmental Assessment Directive regarding decided on by Parliament 314 ;

·non-communication of national measures transposing the

oCommission Directive amending the Directive on quality system standards and specifications for blood establishments 315 ;

oDirective on caseins and caseinates 316 ;

oDirective on fuel quality reporting requirements and calculation methods 317 .

VI.IMPORTANT JUDGMENTS

1.Court rulings 318

The Court ruled that

·The United Kingdom has not proposed a sufficient number of Sites of Community Importance under the Habitats Directive for the species harbour porpoise. It has thereby failed to contribute to the creation of the Natura 2000 network in proportion to the representation of the habitats of that species within its territory 319 .

·The United Kingdom has not properly applied the EU rules on fiscal marking of fuels. The Court found that the UK has failed to ensure that fuel is marked only when it is subject to an exemption from or reduction in excise duty 320 .

2.Preliminary rulings

The Court addressed the following preliminary rulings to the UK judiciary:

·When a Member State has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that Member State is free to revoke unilaterally that notification. That possibility exists for as long as a withdrawal agreement concluded between the EU and that Member State has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired. 321

·A prohibition on placing on the market tobacco products for oral use is intended not to restrict the right to health but, on the contrary, to give expression to that right and, consequently, to ensure a high level of protection of health for all consumers 322 .

·A product composed of several active ingredients with a combined effect is ‘protected by a basic patent in force’, even if the combination of active ingredients of which that product is composed is not expressly mentioned in the claims of the basic patent 323 .

·A supplementary protection certificate for medicinal products is to be interpreted as meaning that an end of procedure notice issued by the reference Member State before the expiry of the basic patent may not be treated as equivalent to a marketing authorisation. Consequently, a supplementary protection certificate may not be obtained on the basis of such a notice 324 .

·The fisheries agreement concluded between the EU and Morocco is valid in so far as it is not applicable to Western Sahara and its adjacent waters 325 .

·Extended family members of EU citizens who return to the Member State of nationality from another Member State can, like other family members, such as spouses, also avail themselves of the protection of EU law on free movement of EU citizens and can apply to have their entry and residence facilitated in accordance with national law 326 .

·A third country national who in the past has been tortured by the authorities of his country of origin and no longer faces a risk of being tortured if returned to that country, but whose physical and psychological health could, if so returned, seriously deteriorate, leading to a serious risk of him committing suicide on account of trauma resulting from the torture he was subjected to, is eligible for subsidiary protection. This is conditional on a real risk of him being intentionally deprived, in his country of origin, of appropriate care for the physical and mental after-effects of that torture, that being a matter for the national court to determine 327 .

·A national law that requires transgender persons to be unmarried is contrary to EU rules on sex equality provisions in relation to social security 328 .

Methodology and explanations

Annex II — MEMBER STATES

1.COMPLAINTS

First chart: New complaints made against the Member State by members of the public (2014-2018)

This shows the number of public complaints the Commission registered against the Member State for the years 2014-2018.

Second chart: Public complaints against the Member State open at year-end

This starts with the number of open complaints against the Member State carried over from 2017 (first column). The second column shows the number of new complaints registered in 2018. The third column shows the number of complaints on which the Commission took a decision in 2018. The fourth column shows the number of complaints against the Member State that were open at the end of 2018 (calculated by taking the first figure, adding the second and subtracting the third).

Third chart: New complaints registered in 2018: main policy areas

The number of complaints registered in 2018 is broken down by policy area. Generally, this breakdown shows the three policy areas which attracted the most complaints. However, four (or more) policy areas are mentioned if two (or more) policy areas tied for the third highest number of complaints.

2.EU PILOT

First chart: New EU Pilot files opened against the Member State (2014-2018)

This analyses the number of EU Pilot files the Commission opened against the Member State for the years 2014-2018.

Second chart: EU Pilot files relating to the Member State open at year-end

This analyses the number of EU Pilot files still pending at year-end against the Member State for the years 2014-2018.

Third chart: New EU Pilot files opened in 2018: main policy areas

The figure for the number of new EU Pilot files opened against the Member State in 2018 is broken down by policy area. Generally, this breakdown shows the three policy areas in which the most EU Pilot files were opened in 2018. However, four (or more) policy areas are mentioned if two (or more) policy areas tied for the third highest number of EU Pilot files or if the top three policy areas do not account for more than 50 % of the cases.

Fourth chart: EU Pilot files: Member State’s resolution rate in 2014-2018

The resolution rate per Member State is the percentage of EU Pilot files handled for which the Commission accepted that Member State’s response. The chart shows the resolution rate for the last 5 years.



3.INFRINGEMENT CASES

First chart: Infringement cases against the Member State open on 31 December (2014-2018)

These figures include all procedures the Commission initiated against the Member State by sending a letter of formal notice under Article 258 TFEU. It covers letters sent in 2018 or before, irrespective of the stages the cases have reached. Only cases which have not yet been closed by a formal decision are shown.

Accordingly, these numbers include all cases that, on 31 December of the years 2014 to 2018:

·were in the pre-litigation phase (letter of formal notice, reasoned opinion or decision on referral to the Court under Article 258 TFEU);

·were pending before the Court under Article 258 TFEU and Article 260(3) TFEU;

·the Court had ruled on but where the Commission could not yet confirm that the Member State had implemented the judgment correctly;

·were in the second pre-litigation procedure (letter of formal notice or referral decision under Article 260(2) TFEU);

·were pending before the Court due to a second referral; and

·the Court had ruled on for the second time but where the Commission could not yet confirm that the Member State had implemented the second judgment correctly.

These figures do not include, for example, open EU Pilot files in the policy area. They also do not include EU Pilot files for which the Commission had already rejected a Member State’s response but had not yet sent a letter of formal notice under Article 258 TFEU.

Second chart: New infringement cases opened in 2018: main policy areas

As a rule, this chart shows the three policy areas in which the most infringements were open on 31 December 2018. Four (or more) policies are mentioned if two (or more) policies tied for the third highest number of open infringements. Only two policies are highlighted if too many policies tied for the third highest number, or if this would make the chart very fragmented (this might occur in Member States with relatively few infringements).

Key infringement cases and referrals to the Court

This section has three parts.

Part a) shows the number of new infringement cases opened against the Member State in 2018 and lists the major new and ongoing infringement cases at the stage of letters of formal notice or reasoned opinions (under Article 258 TFEU).

Part b) lists the cases which the Commission referred to the Court solely under Article 258 TFEU by 31 December 2018. The cases submitted to the Court under Article 258 and 260(3) TFEU are discussed in the ‘Transposition of directives’ section (see below).

Part c) lists the cases which the Commission referred to the Court under Article 260(2) TFEU by 31 December 2018.

4.TRANSPOSITION OF DIRECTIVES

First chart: Late transposition infringement cases against the Member State open on 31 December (2014-2018)

This shows the number of letters of formal notice sent to the Member State under Article 258 TFEU for missing or partial notification of national transposition measures. It covers letters sent in 2018 or before, irrespective of the stages the cases have reached. Only cases which have not yet been closed by a formal decision are shown.

Accordingly, the number includes all cases that, on 31 December of the years 2014 to 2018:

·were in the pre-litigation phase (letter of formal notice, reasoned opinion or decision on referral to the Court under Article 258 TFEU and Article 260(3) TFEU);

·were pending before the Court under Article 258 TFEU and Article 260(3) TFEU.

This figure is already included in the total number of infringement cases open against the Member State in 2018. It should therefore not be added to the figure shown in the first chart of the general statistics section.

Second chart: New late transposition infringement cases against the Member State (2014-2018)

This shows the number of new letters of formal notice sent in 2018 to the Member State under Article 258 TFEU for missing or partial notifications of national transposition measures. This figure is already included in the total number of new infringement cases initiated against the Member State in 2018. It should therefore not be added to the figure shown in the second chart of the general statistics section.

Please note that not all of these new infringement cases for late transposition were necessarily still open on 31 December 2018. For example, if the Commission opened a late transposition infringement procedure in March 2018 by sending a letter of formal notice, this would be added to the new infringement cases even if the Commission closed the case in October 2018 as a result of the Member State notifying complete transposition.

Third chart: New late transposition infringement cases opened in 2018: main policy areas

As a rule, this chart shows the three policy areas in which the most infringement procedures for late transposition were launched in 2018. Four (or more) policies are mentioned if two (or more) policies tied for the third highest number of open infringements. Only two policy areas are highlighted if too many policy areas tied for the third highest number, or if this would make the chart very fragmented (this might occur in Member States with relatively few infringements).

Referrals to the Court

This section contains the cases which the Commission referred to the Court under Article 258 TFEU and Article 260(3) by 31 December 2018.

5.EARLY RESOLUTION OF INFRINGEMENT CASES

Major cases closed without a Court judgment in 2018

This section contains a list of the major infringement cases the Commission closed in 2018 without a Court judgment. The list is not exhaustive.

6.IMPORTANT JUDGMENTS

This section contains two lists, neither of which are necessarily exhaustive.

The first list contains the Court’s most important judgments against the Member State in 2018. These judgments are almost exclusively handed down under Article 258 or Articles 260(2) TFEU.

The second list contains the most important preliminary rulings the Court has issued to the Member State’s judiciary.

(1)      Regulation (EU) 965/2012 ,   MEMO/18/4486 .
(2)      Directive 2009/21/EC , MEMO/18/4486 .
(3)      Directive 2012/27/EU , MEMO/18/6247 .
(4)      Directive 2011/70/Euratom , MEMO/18/3446 .
(5)      Directive 2003/109/EC ,   MEMO/18/4486 .
(6)      Directive 2005/36/EC , MEMO/18/4486 .
(7)       IP/18/4522.
(8)      Commission Implementing Directive 2017/1279 /EU .
(9)      Directive 2017/2096 /EU .
(10)      Directive 2016/1148/EU , MEMO/18/4486 .
(11)      Directive 2016/2102 /EU .
(12)      Commission v Hungary, C-78/18 .
(13)      Directives 2009/72/EC and 2009/73/EC , Commission v Hungary,  C-771/18 ; IP/18/4487 .
(14)      PM10 is an air pollutant consisting of small particles with an aerodynamic diameter less than or equal to a nominal 10 micrometres. The particles’ small size allows them to penetrate deep into the lungs where they may be deposited and cause adverse health effects. (Source: European Environment Agency)).
(15)      Directive 2008/50/EC , Commission v Hungary, C-637/18 ; IP/18/3450 .
(16)      Commission v Hungary, C-808/18 .
(17)      Commission v Hungary, C-66/18 .
(18)      Directive 2014/40/EU .
(19)      Commission Implementing Directive 2017/1279 /EU .
(20)       Directive 2014/42/EU .
(21)      Directive 2008/99/EC .
(22)      Commission v Hungary, C-171/17 .
(23) F, C-473/16 .
(24)      Ahmed, C‑369/17 .
(25)      SEGRO, C-52/16 .
(26)      Directive 1999/62/EC , Dooel Uvoz-Izvoz Skopje Link Logistic N&N v Budapest Rendőrfőkapitánya, C-384/17 .
(27)      Vámos, C-566/16 .
(28)      Hochtief, C-300/17 .
(29)      OTP Bank and OTP Faktoring, C-51/17 and Court press release No 137/18 .
(30)       IP/18/1451 .
(31)      Directive 2005/36/EC ,   MEMO/18/4486 .
(32)      Directive 2012/27/EU , MEMO/18/4486 .
(33)      Directive 2011/70/Euratom , MEMO/18/3986 .
(34)      Directive 2011/70/Euratom , MEMO/18/3446 .
(35)    Directive 2014/94/EU , Commission v Malta, IP/18/358 , MEMO/18/349 .
(36)       Directive 2015/2366/EU .
(37)      Commission Implementing Directive 2017/1279 /EU .
(38)      Commission Implementing Directive 2018/100 /EU .
(39)      Directive 2017/2096/EU .
(40)      Directive 2016/2284 .
(41)      Directive 2016/2102/EU .
(42)      Directive 2013/59/Euratom , MEMO/18/3446 .
(43)       Directive 2014/91/EU .
(44)      Directive 2016/774/EU .
(45)      Commission Implementing Directive 2017/1279 /EU .
(46)    Directive 2014/94/EU , IP/18/358 , IP/18/358  
(47)      Directive 2014/52/EU .
(48)      Directive 2014/104/EU , MEMO/18/1444 .
(49)      Directive 652/2015/EC .
(50)      Directive 2009/147/EC , Commission v Malta, C-557/15 and Court press release No 90/18 .
(51)      Directives 2004/114/EC and 2005/71/EC ; MEMO/18/3446 .
(52)      Directive 2005/36/EC , MEMO/18/4486 .
(53)      Directive 2012/27/EU , MEMO/18/4486 .
(54)      Directive 2010/31/EU , MEMO/18/3446 .
(55)      Decision 2017/899/EU .
(56)      Directive 2011/70/Euratom , MEMO/18/3446 .
(57)      Directive 2011/70/Euratom , MEMO/18/3446 .
(58)       IP/18/357 .
(59)       Directive 2015/2366/EU .
(60)      Commission Implementing Directive 2018/100 /EU .
(61)      Directive 2016/1148/EU ; MEMO/18/4486 .
(62)      Directive 2016/680/EU .
(63)      Directive 92/43/EEC .
(64)      Directives 2009/72/EC and 2009/73/EC .
(65)      Directive 2014/104/EU , MEMO/18/1444 .
(66)      These rulings are almost exclusively handed down in infringement procedures.
(67)      Directive 2001/29/EC , Levola Hengelo, C-310/17 .
(68)      Directive 2006/123/EC .
(69)      joinedJoined cases: X, C-360/15  and Visser Vastgoed Beleggingen, C-31/16 .
(70)      Joint cases: K, C-331/16 and H., C-366/16 .
(71)      X, C-213/17 , Regulation No 604/2013 .
(72) A and S , C-550/16.
(73) C and A , C-257/17 and K, C-484/17 .
(74) K and B , C380/17 .
(75)      Directive 2005/36/EC , MEMO/18/4486 .
(76)      Directive 2012/27/EU ,   MEMO/18/1444 .
(77)      Directive 2012/27/EU , MEMO/18/6247 .
(78)      Directive 2011/70/Euratom , MEMO/18/3446 .
(79)      Directive 2011/92/EU .
(80)      Directive 92/43/EEC .
(81)      Directive 92/43/EEC .
(82)       Directive 2015/2366/EU .
(83)       Directive 2016/97/EU .
(84)      Directive 2016/1148/EU .
(85)      Directive 2016/2102/EU .
(86)      Directive 2015/2193/EU .
(87)      Directive 2016/2284 .
(88)      Directive 2011/70/Euratom , Commission v Austria; C-487/18 , MEMO/18/3446 . Austria subsequently took the necessary steps to notify its national programme and the Commission has therefore withdrawn this case from the Court.
(89)      Directive 2006/123/EC .
(90)      Commission v Austria,  C-209/18 .
(91)      Commission v Austria, C-79/18 . Austria subsequently took the necessary measures and the case has been withdrawn from the Court; Directive 2014/23/EU .
(92)      Commission v Austria , C-77/18 . Austria subsequently took the necessary measures and the case has been withdrawn from the Court. Directive 2014/24/EU .
(93)      Commission v Austria, C-76/18 . Austria subsequently took the necessary measures and the case has been withdrawn from the Court. Directive 2014/25/EU .
(94)      Directive 652/2015/EC .
(95)      Directive 2014/36/EU .
(96)      Directive 2014/66/EU .
(97)       MEMO/18/1444 .
(98)      Directive 2014/87/Euratom .
(99)      Commission v Austria, C-187/16 .
(100)      Commission v Austria, C-51/18 .
(101)       Alpenrind and Others, C-527/16 .
(102)      Regulation (EC) No 1370/2007 , Directive 2014/24/EU and Directive 2014/25/EU , Stefan Rudigier, C-518/17 .
(103)      Kreuzmayr, C-628/16 .
(104)      Bastei Lübbe, C-149/17 .
(105)      Čepelnik, C-33/17 .
(106)      Ayubi, C‑713/17 .
(107)      Directive 2005/36/EC , MEMO/18/4486 .
(108)      Regulation (EU) No 994/2010 , MEMO/18/1444 .
(109)      Directive 2011/70/Euratom , MEMO/18/3446 .
(110)      Directive 2011/70/Euratom , MEMO/18/3446 .
(111)      Directive 91/271/EEC , MEMO/18/349 .
(112)       IP/18/357 .
(113)      Directive 2000/53/EC .
(114)      Directive 2011/92/EU .
(115)       Directive 2015/2366/EU .
(116)       Directive 2014/65/EU ; MEMO/18/349 .
(117)      Commission Directive 2016/1214/EU.
(118)      Directive 2014/87/Euratom , MEMO/18/3986 .
(119)      Directive 2016/1148/EU ; MEMO/18/4486 .
(120)      Directive 2016/2102/EU .
(121)      Directive 2017/1564/EU .
(122)      Commission v Poland (Indépendance des juridictions de droit commun), C-192/18 .
(123)      Commission v Poland,  C-619/18 .
(124)      Commission v. Poland, C-206/18 . Poland subsequently took the necessary steps to ensure compliance with EU law and the Commission has therefore withdrawn this case from the Court.
(125)      Directive 91/676/EEC .
(126)       IP/18/3459.
(127)       Directive 2011/61/EU , MEMO/18/349 .
(128)      Directive 2014/66/EU .
(129)       Directive 2014/91/EU .
(130)      Commission Directive 2016/1214/EU.
(131)       MEMO/18/1444 .
(132)      Directive 2016/680/EU .
(133)      These rulings are almost exclusively handed down in infringement procedures.
(134)      Directive 2004/49/EC nc   2004/49/EC , Commission v Republic of Poland, C-530/16 .
(135)      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).
(136)      Commission v Poland, C-336/16 and Court press release   No 19/18 .
(137)      Commission v Poland, C-526/16 .
(138)      Commission v Poland, C-441/17 and Court press release No 48/18 .
(139)      Kompania Piwowarska, C-30/17 .
(140)      Profi Credit Polska C-176/17 and PKO Bank Polski, C-632/17 .
(141)      Directive 2010/63/EU , MEMO/18/4486 .
(142)      Directive 2011/70/Euratom , MEMO/18/3446 .
(143)      Directive 2005/36/EC , MEMO/18/4486 .
(144)       IP/18/357
(145)       MEMO/18/349 .
(146)       Directive 2015/1794/EU ; MEMO/18/3446 .
(147)       Directive 2015/2366/EU .
(148)       Directive 2016/97/EU .
(149)       Directive 2014/65/EU ; MEMO/18/349 .
(150)      Directive 2013/59/Euratom , MEMO/18/3446 .
(151)      Directive 2015/2193 /EU .
(152)      Directive 2016/2284 /EU .
(153)      Directive 2016/1148/EU ; MEMO/18/4486 .
(154)      Directive 2017/1564 /EU .
(155)      Directive 2016/680/EU .
(156)      Directive 92/43/EEC , Commission v Portugal, C-290/18 ; IP/18/356 .
(157)      Directive 2009/16/EC .
(158)      Directive 1996/67/EC .
(159)      Directive 2009/21/EC .
(160)      Directives 2009/72/EC and 2009/73/EC .
(161)       Directive 2009/138/EC ,  MEMO/18/349 .
(162)      Directive 2014/66/EU .
(163)       Directive 2014/91/EU .
(164)      Directive 2015/720 /EU .
(165)      Directive 2014/52/EU .
(166)      Commission Directive 2015/1787/EU .
(167)      Directive 98/83/EC .
(168)       MEMO/18/6247 .
(169)      Directive 2010/75/EU ; MEMO/18/4486 .
(170)      Directive 91/271/EEC , MEMO/18/3986 .
(171)       Directives 2009/138/EC and 2009/103/EC ; MEMO/18/4486 .
(172)      Directive 2005/36/EC ,   MEMO/18/4486 .
(173)      Directive 2011/70/Euratom , MEMO/18/3446 .
(174)      Directive 2011/70/Euratom , MEMO/18/3446 .
(175)      Directive 2012/27/EU , MEMO/18/6247 .
(176)      Directive 2009/119/EC , MEMO/18/349 .
(177)      Directive 2010/63/EU , MEMO/18/4486 .
(178)      Directive 2015/2193/EU ; MEMO/18/4486 .
(179)      Directive 2016/1148/EU ; MEMO/18/4486 .
(180)      Directive 2016/2102/EU .
(181)      Commission Directive 2016/1214/EU.
(182)      Commission Implementing Directive 2017/1279 /EU .
(183)       Directive 2015/2366/EU .
(184)       Directive 2016/97/EU .
(185)       Directive 2014/65/EU ; MEMO/18/349 .