1 April 2015
EC Launches Legal Action over Non-Transposition of Energy Efficiency Directive by Member States
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The European Commission referred Hungary to the European Court of Justice for failing to transpose the EU's Energy Efficiency Directive into national law.

In addition, the Commission launched procedures against all EU member States except Malta for failure to notify the Commission on the national transposition measures of the same directive.

ec26 March 2015: The European Commission referred Hungary to the European Court of Justice for failing to transpose the EU’s Energy Efficiency Directive into national law. In addition, the Commission launched procedures against all EU member States except Malta for failure to notify the Commission on the national transposition measures of the same directive.

The EU Energy Efficiency Directive, from 2012, establishes binding measures to help the Union reach its 20% energy efficiency target by 2020. All EU member States were required to transpose the provisions of the directive by 6 June 2014.

Under the Lisbon Treaty, in force since December 2009, a failure by a member State to transpose EU legislation within a required deadline entitles the Commission to ask the European Court of Justice to impose financial sanctions. The daily penalty being proposed for Hungary’s infringement is €15,444, which, according to the Commission, was established “taking into account the duration and the seriousness of the infringement.” The final amount of the daily penalty, in case of an affirmative judgment, will be set by the European Court of Justice.

In addition, infringement procedures for not having notified the Commission on national transposition measures were launched against 27 EU member States. Meanwhile, the Commission continues to monitor progress in transposition and reporting among the member States, and further referrals on failures to adopt transposition measures may be forthcoming.

According to the Commission, “full implementation and enforcement of existing energy legislation is a priority under the newly adopted Energy Union Package.” In a Tweet, EU Climate Action and Energy Commissioner Miguel Arias Cañete noted: “any legislation is only as good as its implementation and proper enforcement.” [European Commission Press Release] [European Commission Energy Efficiency Directive Webpage] [Cañete Tweet]

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