The European Commission plays a crucial role in ensuring that EU law is upheld across its Member States. Through its regular package of infringement decisions, the Commission takes legal action against countries that fail to comply with their obligations under EU law. This process is vital for maintaining the integrity of the EU legal framework, which ultimately benefits both citizens and businesses. In June, the Commission highlighted several energy-related issues, including three reasoned opinions and a referral to the Court of Justice, underscoring the importance of compliance in the energy sector.
Reasoned Opinions and Additional Reasoned Opinions
Hungary and Romania: Energy Efficiency Directive Compliance
The European Commission has issued reasoned opinions to Hungary (INFR(2025)0331) and Romania (INFR(2025)0358) for their failure to fully transpose the recast Energy Efficiency Directive (Directive (EU) 2023/1791) into national law. Adopted in 2023, this directive replaces the previous Directive 2012/27/EU and sets ambitious targets for energy consumption and savings. Member States were required to notify their transposition measures by 11 October 2025, with specific provisions having earlier deadlines. The directive aims to reduce overall energy consumption in the EU, contributing to climate goals while enhancing energy security and affordability. It emphasizes the ‘energy efficiency first’ principle, mandating that energy efficiency be considered in all relevant policy and investment decisions. Despite the Commission’s initial formal notice to 26 Member States in November 2025, Hungary and Romania have yet to notify any transposing measures. They now have two months to respond; failure to do so may lead to a referral to the Court of Justice of the European Union (CJEU) with potential financial sanctions.
Romania: High-Efficiency Cogeneration Assessments
In addition to the above, the Commission has sent a reasoned opinion to Romania (INFR(2022)2161) regarding its obligations under the Energy Efficiency Directive (Directive 2012/27/EU). This directive, now replaced by the recast directive, still mandates that Member States develop efficient heating and cooling infrastructure and assess the potential for high-efficiency cogeneration. Romania has not submitted the required comprehensive assessment, which should be updated every five years. This assessment is crucial for understanding how to decarbonize the heating and cooling sector, which remains heavily reliant on fossil fuels in many countries. The Commission initially notified Romania in January 2023, but as of now, it remains the only Member State that has not communicated an updated assessment. Romania has two months to address these shortcomings, or it may face a referral to the CJEU.
Cyprus: Renewable Energy Permitting Procedures
The Commission has also issued an additional reasoned opinion to Cyprus (INFR(2024)0213) for its failure to fully transpose the revised Renewable Energy Directive (Directive (EU) 2023/2413). This directive, which amends Directive (EU) 2018/2001, entered into force in November 2023, requiring Member States to simplify and accelerate permitting procedures for renewable energy projects by 1 July 2024. These measures are essential for integrating additional capacity into the electricity system and include clear time limits for permit-granting procedures and the presumption that renewable energy projects are of overriding public interest. Cyprus has previously received a reasoned opinion for its lack of transposition and, despite some notifications, the Commission has determined that full compliance has not yet been achieved. Cyprus now has two months to rectify this situation, or it may also face a referral to the CJEU.
Referrals to the Court of Justice
Spain and Poland: EU Emissions Trading System Compliance
The European Commission has decided to refer Spain (INFR(2024)0051) and Poland (INFR(2024)0114) to the Court of Justice of the European Union for their failure to transpose the EU Emission Trading System (EU ETS) Directive (Directive 2023/959) into national law by the deadline of 31 December 2023. Additionally, Spain (INFR(2024)0050) is being referred for not transposing the revised EU ETS rules for the aviation sector. The revisions strengthen existing ETS rules, extend the system to maritime transport, and accelerate the reduction of emissions allowances, among other measures. Proper transposition of these directives is crucial for the effective functioning of the EU ETS and for aligning with the EU’s 2030 climate targets as outlined in the European Climate Law. The Commission had previously sent formal notices to 26 Member States in January 2024, followed by reasoned opinions to 12 Member States in May 2025. With Spain and Poland failing to communicate adequate transposition measures, the Commission has deemed their efforts insufficient and is pursuing legal action in the CJEU, seeking financial sanctions.
For more information on the EU infringement procedure, you can explore the full press release and the Q&A. For detailed histories of specific cases, the infringement decisions’ register is a valuable resource.
