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European Commission

Press release

Brussels, 24 October 2012

Internal energy market: Commission refers Poland and Slovenia to Court for failing to fully transpose EU rules

The European Commission is referring Poland and Slovenia to the Court of Justice of the European Union for failing to fully transpose the EU internal energy market rules. To date Poland has transposed the Electricity Directive only partially. Slovenia has not fully transposed neither the Electricity nor the Gas Directive. These directives had to be transposed by the Member States by 3 March 2011.

"The completion of the internal energy market is urgently needed to ensure that businesses and households can rely on secure energy supplies at affordable prices," said Commissioner Oettinger, the EU Energy Commissioner. "Putting in place the correct legal framework in each Member State is a precondition for making the internal energy market a tangible reality."

For Poland, the Commission requests the Court to impose a daily penalty payment of €84378,24. For Slovenia, for each non-transposed Directive, the Commission proposes a daily penalty of €10287,36.

The penalties take into account the duration and the gravity of the infringement. In case of a positive judgement of the Court the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalties will be decided by the Court.

The Commission has addressed the issue of not fully transposing the directives in the two countries by sending letters of formal notice to Slovenia and Poland in September and November 2011 respectively. Reasoned opinions were sent to Poland in May 2012 and to Slovenia in June 2012. Despite these proceedings, full transposition is still pending in these countries.

The Commission is also examining the situation in other Member States to which it has addressed reasoned opinions for not fully transposing the Electricity and Gas Directives. Therefore, today's Commission action might be complemented by further referrals to the Court over the next months.


In February 2011, the EU Heads of State and Governments declared the need to complete the internal energy market by 2014. To achieve this, timely and complete transposition of EU legislation on the single market of gas and electricity into national law is crucial. The third internal energy market package includes key provisions for a proper functioning of the energy markets, including new rules on unbundling of networks, rules strengthening the independence and the powers of national regulators and rules on the improvement of the functioning of retail markets to the benefit of consumers.

The concerned Directives of the Third internal energy market package are:

  • Directive on common rules for the internal market in gas (2009/73/EC)

  • Directive on common rules for the internal market in electricity (2009/72/EC)

Under the Lisbon Treaty, which entered into force on 1 December 2009, if Member States fail to transpose EU legislation into national law within the required deadline, the Commission may ask the Court to impose financial sanctions when referring the case for the first time.

More information

The Electricity Directive (2009/72/EC), and the Gas Directive (2009/73/EC), can be consulted here.

Commission web page on the Internal Energy Market:

Current figures on infringements in general can be found at:

On the October infringement package decisions, see MEMO/12/794.

On the general infringement procedure, see MEMO/12/12.

Contacts :

Marlene Holzner (+32 2 296 01 96)

Nicole Bockstaller (+32 2 295 25 89)

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