Page contents Page contents Infringement cases open at year-end 2018 - 2022 [notranslate]infringement_cases_open_at_year_end_2018_2022[/notranslate] By clicking on the multi-level chart, you can consult, for 2022, the number of infringement cases open at the year-end per policy sector and per type of infringement. Compliance promotion activities in 2022 Meetings with Member States The Web Accessibility Directive Expert (WADEX) group continued to actively cooperate and exchange best practices regarding the implementation of the Web Accessibility Directive (Directive (EU) 2016/2102), as well as its monitoring and reporting obligations in the course of 10 online meetings and webinars in 2022. To evaluate the implementation of the framework for the free flow of non-personal data (Regulation (EU) 2018/1807), the Commission organised a workshop for the Member States in September 2022. During this workshop, the representatives of the Member States could hear about the aims of the Regulation, see good practices through the provided examples and share their experience in an ongoing implementation. In addition, the Commission organised a meeting with EFTA and the relevant EEA countries on the state of play of the Regulation and the resolution of implementation issues. The Group of Experts for the Observatory on the Online Platform Economy assists the Commission in the monitoring of online platform economy to inform about any policy measures that may be required for safeguarding predictable, trusted and fair commercial relations online. In 2022, there have been a specific Digital Markets Act (DMA) Workshop about “Applying the DMA’s ban on self-preferencing: how to do it in practice?” on 5 December 2022. The Contact Committee was established by the Audiovisual Media Service Directive (AVMSD) (Directive (EU) 2018/1808) in 2010. Its objective is to assist the Commission in monitoring the implementation of the AVMSD and the developments in the sector and serves as a forum for exchange of views between Member States. The Contact Committee met in December 2022. The Expert Group on Public Sector Information (PSI Group) has continued its activity, informing the Commission on the transposition and application of the Open Data Directive (Directive (EU) 2019/1024), exchanging good practices and any initiatives supporting opening up public sector information for re-use. In the implementation of the EU copyright legislation, programmes and policies, the Commission is assisted by the Copyright Contact Committee and the Expert Group on the Directive 2014/26/EU (collective rights management). The Copyright Contact Committee met in December 2022 to exchange information on the enforcement of rights against the unauthorised retransmissions of broadcasts of live events, including sport. The discussions were organised in the context of the Commission’s announcement in the 2023 work programme. It plans to adopt a Recommendation on piracy of live content, offering a toolbox to fight the illegal streaming of live events. The Communications Committee established under Article 118 of the European Electronic Communications Code (Directive (EU) 2018/1972) held two meetings. Besides the above longstanding committees, the Commission regularly organises seminars for judges. In 2022, the Commission organised the 15th edition of the Seminar for national judges dealing with electronic communication issues that took place in Brussels on 19 and 20 May 2022. Participants included 12 judges from 11 Member States and 25 officials from 16 national regulatory authorities, including officials from the Body of European Regulators for Electronic Communications (BEREC). The topics of the seminar provided allowed to focus on how the electronic communications landscape fits into the ongoing Digital Decade, which covers four main aspects: digital infrastructure, digital transformation of businesses, skills as well as digital transformation of public services. Other compliance promotion tools The Commission services published a staff working document on the application of the Portability Regulation (Regulation (EU) 2017/1128). As required by Article 10 of the Regulation, the staff working document includes an assessment on the application of the portability rules by online content service providers in the light of legal, technological, and economic developments. Overall, portability rules have proven to function well for the parties involved, i.e. consumers, service providers and right holders. Only a limited number of issues have been identified since the Portability Regulation came into force. The Commission engaged with the network of national consumer protection authorities, set out in the framework of Consumer Protection Cooperation Regulation (Regulation (EC) 2006/2004), to inform them of the findings of the Portability report and to highlight the importance of ensuring the proper enforcement of this Regulation. In 2022, the Commission completed the review of the Web Accessibility Directive (Directive (EU) 2016/2102), and published the supporting study, including easy to read summaries. The Directive also obliges the Member States to annually monitor the compliance of their public sector websites and mobile applications with the Directive. The national monitoring reports show the state of play in each Member State, raise awareness and transparently promote good implementation of EU law. Follow-up given to petitions In 2022, the Commission did not handle any petition concerning an alleged breach of EU law in the policy area of Communications Networks, Content and Technology. Important Court of Justice ruling against Member States Poland v Parliament and Council, C-401/19. Important preliminay rulings Proximus (Annuaires électroniques publics), C-129/21; Ekofrukt, C-362/21; Eircom, C-494/21; Colt Technology Services e.a, C-339/21; SpaceNet and Telekom Deutschland, joined cases C‑793/19 and C‑794/19; Louboutin (Usage d’un signe contrefaisant sur un marché en ligne), joined cases C‑148/21 and C‑184/21. Outlook for 2023 In 2023, the Commission will continue important enforcement work in the area of Communications Networks, Content and Technology including: European Electronic Communications Code: the Commission will complete the transposition checks and carry out implementation checks of the European Electronic Communications Code. The Commission will continue to monitor developments in the Member States regarding electronic communication and follow-up on the complaints received. Moreover, enforcement actions will be undertaken regarding the award of radio spectrum necessary for development of 5G connectivity in selected Member States. Free flow of non-personal data: the Commission will be focusing on the implementation of the Free Flow of Non-Personal Data Regulation, which will include informal consultations with the relevant Member States. Those consultations will be based, among others, on the Commission’s report on the implementation of the Regulation. In addition, the Commission will continue the cooperation with EFTA for the EEA relevance. Platforms: the Digital Services Act (DSA) (Regulation (EU) 2022/2065) entered into force on 19 November 2022. The DSA constitutes the first horizontal and common set of rules on intermediaries' obligations and accountability across the single market. It will open up new opportunities to provide digital services across borders, while ensuring a high level of protection to all users, regardless of where they are based within EU. The DSA empowers the Commission to adopt several delegated and implementing acts to facilitate its implementation. The Commission is currently working on those acts which are deemed to be a priority, in close cooperation with Member States and the European Parliament. In addition, the Commission is actively supporting Member States in their preparedness for the upcoming implementation of the DSA. In particular, the Commission services are regularly engaging with Member States in the context of their obligation to appoint a Digital Services Coordinator by 17 February 2024. The Commission plans to set up a revised Digital Services Expert Group to, among other tasks, provide technical advice and expertise on the implementation of Directive 2000/31/EC and of Regulations (EU) 2018/302, (EU) 2019/1150 and (EU) 2022/2065. The Commission also plans to commission several studies to support its implementation and enforcement work in the field of rules applicable to digital services. Accessibility for people: the Commission will complete the conformity checks of the Web Accessibility Directive and follow-up on complaints regarding the application of the Directive. Cybersecurity: the Commission will continue to assess complaints regarding the transposition of the ePrivacy Directive and continue to monitor developments in Member States. Media services: the Commission will complete the checks on the transposition and implementation of the Audiovisual Media Services Directive (AVMSD). It will also publish a report on the application of AVMSD and a report on the implementation of the AVMSD provisions concerning European works. Copyright: the Commission will continue the infringement proceedings against those Member States that have not yet communicated full transposition of the Directive on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) and the Directive on online television and radio programmes (Directive (EU) 2019/789). The Commission may decide to refer to the Court of Justice the Member States that continue to lag behind, with a view to request the imposition of financial sanctions. In parallel, the Commission will analyse the conformity with the EU acquis of the transposition laws that have been notified.
