The European Commission has decided today to refer 6 Members States to the EU Court of Justice: Belgium, Germany, Greece, Hungary, Slovenia and the United Kingdom.
In all, the Commission has taken 98 decisions, including11reasoned opinionsand8referralsto the European Union's Court of Justice.
The Commission has thus decided to refer Belgium to the Court of Justice for refusing to recognise mobile workers' documents certifying that they pay social security in another Member State. It considers that the current rules in Belgium, which allow the authorities not to recognise such documents and unilaterally subject such workers to Belgian social security, are in breach with EU law.
The European Commission is also referring Hungary to the Court for failing to transpose the Energy Efficiency Directive. Under this directive EU Member States must meet certain energy savings targets from 1 January 2014 until 31 December 2020. They have to do this by using energy efficiency obligations schemes or other targeted policy measures to drive energy efficiency improvements in households, buildings, industry and transport sectors. Member States had to transpose the obligations of that Directive by 5 June 2014.
Germanyis taken to Court over its failure to apply the requirements of theHabitats Directivein relation to the authorisation of a coal power plant in Hamburg/Moorburg. The project in question risks having a negative impact on a number of protected fish species including salmon, European river lamprey and sea lamprey, which pass near the power plant when migrating from the North Sea to some 30Natura 2000sites on the Elbe, upstream of Hamburg. The species are harmed by the water abstraction process used to cool the power plant.
TheUnited Kingdomis takento Court over its failure to ensure that urban waste water is adequately treated in 17 agglomerations. In the EU, Member States need adequate collection and treatment systems for urban waste water, as untreated water poses risks to human health, inland waters and the marine environment.
TheCommission refersSloveniato Court forfailure to clean up highly flammable waste tyres.The case concerns an illegal landfill in Lovrenc na Dravskem polju, where more than 40 000 tons of waste have been stored since 2006. Large fires broke out at this location in 2007 and 2008.
Finally, theCommission refersGreeceto Court regarding the discriminatory tax exemption for primary residences.The Greek inheritance tax exemption for primary residences is applicable only to EU nationals permanently residing in Greece. The Greek legislation thus favours exclusively those taxpayers (heirs) who already live in Greece and who typically are Greek nationals. By contrast, the legislation penalises those beneficiaries who inherit a property in Greece but live outside of the country, and who are normally non-Greek nationals or Greek nationals who have exercised their fundamental freedoms by working, studying or living abroad.
There are three successive stages in such cases of infringements: a letter of formal notice, a reasoned opinion and a referral to the European Court of Justice. If, despite the ruling, a country still fails to act, the commission may open a further infringement case and can propose that the court imposes financial penalties based on the duration and severity of the infringement and the size of the country.In the case of Hungary, for instance, while being referred to the Court, the Commission proposes a daily penalty of 15,444 € per day.
http://www.neurope.eu/article/spring-cleaning-commission-takes-6-member-states-court