The European Commission has acted against all 27 Member States in its monthly package of infringement decisions. The Commission has taken 317 decisions regarding a full range of sectors and having, in some cases, financial penalties. With these reports, Commission seeks to ensure that Member States apply EU law properly and in due time, for the benefit of citizens.

The decisions taken by the European Commission regarding the enforcement of EU law include this month 317 decisions, including 21 complaints taking Member States before the European Union's Court of Justice, and 2 decisions related to failure to respect a previous Court ruling, with financial penalties. These decisions, which in this case affect all Member States in one or another case, involve many varied sectors such as taxation, state aid, public procurement or environmental issues.

Formal complaints before the Court of Justice

In accordance with the provisions of the Treaty on the Functioning of the European Union (TFEU), the Commission has decided to take several Member States to Court for failing to comply with their legal obligations under EU law. Before referring a Member State to the Court, the Commission first requests information from the Member State concerned and then, if necessary, formally requests the Member State to comply with EU law. Around 95% of infringement cases are resolved before they reach the Court.

• Budget: The Commission has decided today to refer Portugal to the EU Court of Justice because of its failure to make an overdue payment to the EU budget.
• Environment: Cyprus, Italy, Portugal and Spain have been urged to urgently apply air quality provisions; and Estonia and Poland are being referred to the Court for different lacks of transposition or full implementation of environmental EU law.
• Taxation: Commission is taking action over Belgium, Denmark, The Netherlands, Spain, France and Ireland, for different issues related to taxation of pensions, exit taxes on businesses or VAT rates.
• Medicinal products for animals: Commission has referred France to the Court of Justice for not complying with EU law on harmonised authorisation procedures for veterinary medicinal products.
• Rail package: The Commission has today welcomed the improvements made by Austria, France and Portugal to their national rail legislation, and therefore reduced the scope of the infringement cases against them, although other substantive issues remain unresolved.

Enforcing Court rulings

When, despite a first ruling by the Court, a Member State still fails to act, the Commission warns the Member State in writing. In case of continued lack of appropriate action by the Member State, the Commission may take the Member State back to Court, and can request the Court to impose a lump sum penalty and/or a daily penalty payment on the Member State concerned. In this case, Commission has acted on:

• Greece: The Commission has referred Greece back to the EU's Court of Justice because of its failure to apply EU rules on public procurement as regards contracts for supplies of medical equipment to hospitals. In its referral, Commission has asked the Court to financial penalties on Greece of 7.173,60 Euro per day from the date of the original Court ruling until the second Court ruling, as well as 43.724,80 Euro per day from the date of the second Court ruling until Greece finally complies with EU rules.
• Spain: The Commission has decided to refer Spain to the European Court of Justice for failure to implement a Court ruling of December 2006, which declared that Spain had failed to recover incompatible state aid granted by certain Basque Provinces, as ordered by Commission decisions of July 2001. The Commission has asked the Court to impose a daily penalty payment of 236.044,80 Euro for each day after the second Court ruling until the infringement ends and a lump sum of 25.817,40 Euro per day for the period between the 2006 Court judgement and the second Court ruling. These payments would act as an incentive to ensure that the illegal aid amounts are recovered rapidly from the beneficiaries.