October infringement package – key decisions on energy

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

In the list of October infringements, there is 1 energy-related letter of formal notice, 1 reasoned opinion and additional reasoned opinion, and 3 referrals to the Court of Justice.

Letters of formal notice

Commission calls BULGARIA and CROATIA to fulfil their reporting obligations under the internal market rules for electricity

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2025)2161) and Croatia (INFR(2025)2162) for failing to submit their report on the implementation of Article 5 of Directive (EU) 2019/944 by 1 January 2025. Directive (EU) 2019/944 establishes common rules for the internal market for electricity within the EU, aiming to create a competitive, consumer-centered, flexible, and non-discriminatory EU electricity market. Compliance with its provisions is crucial to ensure a fair and integrated energy market across Member States. According to Article 5(9) of the Directive, all Member States were required to provide the Commission with reports on the implementation of Article 5 of the same Directive by 1 January 2025. Such reports detail the necessity and proportionality of public interventions in electricity pricing, including an assessment of progress towards achieving effective competition among electricity suppliers and transitioning to market-based prices. Bulgaria and Croatia have not yet submitted the required reports, thus failing to meet their reporting obligations under the Electricity Directive (EU) 2019/944. The Commission is therefore sending letters of formal notice to Bulgaria and Croatia, which now have two months to respond and notify their reports. In the absence of a satisfactory response by these two Member States, the Commission may decide to issue a reasoned opinion.

Reasoned opinion and additional reasoned opinion

Commission urges MALTA and SLOVAKIA to fully transpose EU rules accelerating permitting procedures for renewable energy projects

Today, the European Commission decided to send a reasoned opinion to Malta (INFR(2024)0239) and an additional reasoned opinion to Slovakia (INFR(2024)0252) for failing to fully transpose into national law the provisions of the revised Renewable Energy Directive related to the simplification and acceleration of permitting procedures. The amending Directive (Directive (EU) 2023/2413, amending Directive (EU) 2018/2001) entered into force in November 2023 and certain provisions had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and the infrastructure projects necessary to integrate the additional capacity into the electricity system. They also set clear time limits for permit-granting procedures targeted at specific technologies or types of projects, strengthen the role of the single contact point for applications and establish the presumption that renewable energy projects and related grid infrastructure are of overriding public interest. In September 2024, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national law. In February 2025, the Commission sent a reasoned opinion to Slovakia for not notifying any transposition measures. After examining the transposition measures notified by Malta and Slovakia, the Commission concluded that Malta has not yet fully transposed the Directive and Slovakia has not yet provided clear and precise information on how it has transposed the Directive. The Commission is therefore sending a reasoned opinion to Malta and an additional reasoned opinion to Slovakia, which now have two months to respond and complete the transposition. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union with a request to impose financial sanctions.

Referrals to the Court of Justice

Commission decides to refer SWEDEN to the Court of Justice of the European Union in order to ensure accelerated permitting procedures for renewable energy installations

Today, the European Commission decided to refer Sweden (INFR(2024)0249) to the Court of Justice of the European Union for failing to fully transpose into national law the provisions of the revised Renewable Energy Directive related to the simplification and acceleration of permitting procedures. The amending Directive (Directive (EU) 2023/2413, amending Directive (EU) 2018/2001) entered into force in November 2023 and certain provisions had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They also include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest. The Commission sent Sweden a letter of formal notice in September 2024 and a reasoned opinion in February 2025 for not having notified any transposition measures. Sweden has not yet notified any transposition measures. The Commission is therefore referring Sweden to the Court of Justice of the European Union with a request to impose financial sanctions. More information is in the press release.

Commission decides to refer POLAND to the Court of Justice of the European Union for not submitting its final updated National Energy and Climate Plan

Today, the European Commission decided to refer Poland to the Court of Justice of the European Union for failing to submit its final updated integrated National Energy and Climate Plan (NECP) in line with the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. Under Article 14(2) of the Governance Regulation, all Member States are obliged to submit their final updated NECPs by 30 June 2024, taking into account the Commission's recommendations and individual assessments. Poland submitted its draft plan and the Commission published the corresponding assessment in April 2024, including recommendations on where the country should raise its ambitions in line with EU targets for 2030. Following the non-submission of the final plan, the Commission contacted the Member State in a pre-infringement dialogue in July 2024. The Commission decided to open an infringement procedure by sending a letter of formal notice to Poland in November 2024. In March 2025, the Commission issued a reasoned opinion still in the absence of the final plan. Having failed to submit its final updated NECP, the Commission considers that Poland has not complied with its legal obligation and is referring it to the Court of Justice of the European Union. More information is in the press release.

Commission decides to refer to POLAND to the Court of Justice of the European Union for failing to submit its national long-term climate strategy

Today, the European Commission decided to refer Poland (INFR(2022)2089) to the Court of Justice of the European Union for failing to submit its national long-term strategy in line with the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. All EU Member States are obliged to submit their national long-term strategies defining a coherent national plan and vision for reducing greenhouse gas (GHG) emissions in line with the EU's climate neutrality objective by 2050 and its commitments under the Paris Agreement by 1 January 2020, as set out under Article 15(1) of the EU Governance Regulation. In September 2022, the Commission sent a letter of formal notice to Poland for failure to comply with its obligation under the EU Governance Regulation. This was followed up with a reasoned opinion in November 2023. Until now, Poland has not submitted its national long-term strategy and it is the only EU Member State that has not yet done so. The Commission considers Poland as not having complied yet with its legal obligation and is therefore referring the Member State to the Court of Justice of the European Union. More information is in the press release.

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