Brussels, 27 June 2007
The European Commission has decided to pursue infringement procedures against eight Member States – France, Germany, Greece, Luxembourg, Malta, Portugal, Spain and Sweden – for failure to implement certain Internal Market Directives in national law. The Commission will refer France, Germany, Luxembourg, Portugal and Sweden to the European Court of Justice over their failure to implement a Directive on the enforcement of intellectual property rights. The Commission will also formally request Greece, Malta and Spain to implement the Capital Requirements Directive, and Spain to implement a Directive on public procurement. These formal requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.
Enforcement of intellectual property rights – France, Germany, Luxembourg, Portugal and Sweden
The Commission has decided to refer the following five Member States to the European Court of Justice over their failure to communicate national measures implementing Directive 2004/48/EC on the enforcement of intellectual property rights: France, Germany, Luxembourg, Portugal and Sweden. The deadline for implementation expired on 29 April 2006. Although reasoned opinions were sent to all those Member States in October 2006 (see IP/06/1354), no national implementing measures have yet been communicated to the Commission.
Capital Requirements Directive – Greece, Malta and Spain
The Commission has decided to send reasoned opinions to Greece, Malta and Spain for non-communication of measures implementing Directives 2006/48/EC relating to the taking up and pursuit of the business of credit institutions, and Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions.
These Directives – known together as the "Capital Requirements Directive" - set out new rules for the calculation of regulatory capital, i.e. the amount of own financial resources that banks and investment firms must have in order to cover their risk exposure. The Directives have introduced a more risk-sensitive and flexible framework designed to enhance risk management by financial institutions, to stimulate a better allocation of capital and to ensure financial stability. Once properly implemented by all Member States, the Directives will benefit consumers, depositors and investors in the EU by stimulating financial market efficiency and competitiveness.
The deadline for transposing the Directives expired on 31 December 2006. Greece, Malta and Spain have still not notified the Commission of measures implementing the Directives into national law.
Public procurement Directive – Spain
The Commission has decided to send Spain a reasoned opinion regarding the incomplete communication of measures implementing in national law the Commission Directive 2005/51 on public procurement. The Spanish authorities have not yet notified the Commission of measures implementing Article 1 of this Directive.
The latest information on infringement proceedings concerning all Member States can be found at: