The European Commission asked to Austria and Poland to notify the measures they are taking to transpose EU rules on defence procurement within the next two months. According to the Commission, if the Directive is not fully implemented in all Member States, companies and taxpayers alike cannot reap the benefits of easier access to a transparent and open defence market.

Austria and Poland have two months to notify to the European Commission the measures they are taking to transpose EU rules on defence procurement (Directive 2009/81/EC). These rules are tailored to the specificities of defence and security equipment and markets. The deadline for implementing the rules in question was 20 August 2011. In March 2012, the Commission also announced that Bulgaria and Luxembourg are not complying with the EU rules on defence procurement.

The Commission is concerned that these two countries have failed to fulfil their commitments under the Directive regarding procurement of arms, munitions and war material (and related works and services) for defence purposes, and also the procurement of sensitive supplies, works and services for security purposes. Austria has not yet transposed the Directive's provisions with regard to Carinthia, which means that the Directive's measures do not apply to its entire territory. As to Poland, it has not yet communicated any measures transposing the aforementioned Directive.

The Commission may refer the matter to the Court of Justice of the European Union and may request the Court to impose financial penalties, if the Austrian and Polish authorities do not notify the necessary implementing measures within two months.