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Justice and Consumers 2022

2022 Annual Report on monitoring the application of EU law - Infringement cases by policy area

Infringement cases open at year-end 2018 - 2022

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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

  • To facilitate the implementation of EU data protection rules at national level, the Commission continued exchanges with national authorities and stakeholders in the following fora:

Other compliance promotion tools

  • In 2022, the EU Safety Gate/Rapex rapid alert system for dangerous non-food products received around 2 000 alerts and information about some 4 000 follow-up actions by the Member States. This alert mechanism, in line with the General Product Safety Directive (Directive 2001/95/EC), provides for quick circulation of measures taken against dangerous products amongst Member States and informs the public of these measures, taken to protect consumers against unsafe products.
  • On 25 July 2022, the European Commission published its first report on the application and functioning of the Directive on the protection of personal data in the field of law enforcement (Directive (EU) 2016/680, LED). The LED is one of the three pillars of the EU framework guaranteeing the fundamental right to the protection of personal data (along with the General Data Protection Regulation and the Data Protection Regulation for the European Union institutions, bodies, offices and agencies (EUDPR)).
    The report notes that the LED has significantly contributed to a more harmonised and higher level of protection of the rights of persons involved in criminal proceedings and a more coherent legal framework for competent authorities. The report concludes that, in general, the LED has been transposed in a satisfactory manner, but several issues have been identified, which has led to several infringement proceedings being launched. The report also contains a list of priority actions developed by the Commission, Member States and data protection supervisory authorities to fully exploit the potential of the LED. This includes finalising the full and correct transposition of the LED, providing the national data protection supervisory authorities with the necessary powers and adequate resources, and issuing additional guidance on its interpretation by the European Data Protection Board.
  • On 14 October 2022, the Commission adopted the first report on the application of the Data Protection Regulation for European Union institutions, bodies, offices and agencies (Regulation 2018/1725, ‘EUDPR’). The report presents an overview of the application of the Regulation and of the activities of the European Data Protection Supervisor (EDPS). It includes a list of actions for the Commission as well as for the EDPS and the EU institutions, bodies, offices and agencies to ensure the effective application of the EUDPR.

Follow-up given to petitions

In 2022, the Commission handled 51 petitions related to alleged breaches of EU law in the field of Justice and Consumers:

  • In the same year, the Commission transmitted a reply to the Petition Committee of the European Parliament in 127 files. Many of these petitions concerned COVID-19-related restrictions (travel and individual freedoms), the rule of law, consumer rights, discrimination, and data protection. None of the petitions that were dealt with in 2022 triggered the launch of an infringement procedure in 2022.
  • In 4 cases, the Commission replied that the questions raised by the petitions were already part of one or several infringement procedure(s):
  • In 1 case (Petition 0493/2021), the Commission indicated that it is waiting for the outcome of the pending preliminary ruling case (C-472/20) in order to conclude its assessment.
  • In 30 other cases, the Commission considered that the petitions raised questions that needed further monitoring or clarifications from the Member State (including through EU Pilot).
  • In 8 cases, the Commission found that the petition raised questions that were part of an ongoing review of EU legislation or a project for new legislation.
  • In 7 cases, the Commission considered that the Member State had solved the issue in the meantime (change of administrative practice / legislative situation).
  • In 2 cases, the Commission indicated that it was currently assessing the Member States’ transpositions measures.
  • Regarding all the other cases, the Commission considered that the matter did not fall within the scope of EU law or fell within the competence of national authorities (38 cases), that there was no breach of EU law (8 cases), that no further action was needed (6 cases), that the petition did not provide enough information for assessment (4 cases), or that it could be closed by outlining the applicable rules (19 cases).

Important Court of Justice rulings against Member States

  • Commission v Ireland (Transposition de la décision-cadre 2008/909), C-125/21;
  • Commission v Ireland (Transposition de la décision-cadre 2009/829), C-126/21;
  • Commission v Spain (Violation du droit de l'Union par le législateur), C-278/20.

Important preliminary rulings

  • LOT Polish Airlines, C-20/21;
  • Spetsializirana prokuratura (Procès d’un accusé en fuite), C-569/20;
  • Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine); C‑237/21;
  • Generalstaatsanwaltschaft München and ne bis in idem, C‑435/22 PPU;
  • Openbaar Ministerie (Tribunal établi par la loi dans l’État membre d’émission), and Openbaar Ministerie (Tribunal établi par la loi dans l’État membre d’émission), joined cases C-562/21 PPU and C-563/21 PPU;
  • Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Acquisitions intracommunautaires de gazole), C-855/19;
  • TL, C‑242/22 PPU;
  • Tesorería General de la Seguridad Social (TGSS) (Chômage des employés de maison), C-389/20;
  • SPV Project 1503 and Banco di Desio e della Brianza and Others, joined cases C-693/19 and C-831/19;
  • Impuls Leasing România, C-725/19;
  • Unicaja Banco, C-869/19;
  • Ibercaja Banco, C-600/19;
  • Lombard Lízing, C-472/20;
  • NOVA KREDITNA BANKA MARIBOR, C‑405/21;
  • Zagrebačka banka d.d, C‑567/20;
  • Tiketa, C-536/20;
  • CTS Eventim, C-96/21;
  • Fuhrmann-2-GmbH, C-249/21;
  • Absoluts-bikes and more- GmbH & Co. KG v the-trading-company GmbH, C-179/21;
  • X-Z v. Autoriteit Persoonsgegevens, C-245/20;
  • VD and SR, joined cases C-339/20 and C-397/20;
  • SpaceNet and Telekom Deutschland, joined cases C-793/19 and C-794/19;
  • Inspektor v Inspektorata kam Visshia sadeben savet (Finalités du traitement de données – Enquête pénale), C‑180/21;
  • Ligue des droits humains, C‑817/19;
  • Luxembourg Business Registers and Sovim, joined cases C-37/20 and C-601/20;
  • Proximus (Annuaires électroniques publics), C‑129/21;
  • Digi, C‑77/21;
  • Valsts ieņēmumu dienests (Traitement des données personnelles à des fins fiscales), C-175/20;
  • Meta Platforms Ireland, C-319/20;
  • Vyriausioji tarnybinės etikos komisija, C-184/20;
  • Leistritz, C-534/20;
  • Google (Déréférencement d’un contenu prétendument inexact), C-460/20;
  • Koalitsia "Demokratichna Bulgaria - Obedinenie”, C-306/21;
  • Wiener Landesregierung (Révocation d'une assurance de naturalisation), C-118/20.

Outlook for 2023

In 2023, the Commission will continue important enforcement work in the area of justice and consumers. In particular, the Commission plans to:

  • Check the compliance of national legislation with the content of the Work-Life Balance Directive (Directive (EU) 2019/1158);
  • Proceed with monitoring the implementation of the Framework Decision on the European Arrest Warrant (Framework Decision 2002/584/JHA);
  • Check the compliance of measures transposing the EU Procedural Rights Directives;
  • Monitor the implementation of legal obligations stemming from the Council Framework Decision on the exchange of criminal records between the EU Member States (2009/315/JHA);
  • Monitor the implementation of the Directive on the fight against fraud to the EU’s financial interests (Directive (EU) 2019/1371);
  • Continue to assess the implementation of the General Data Protection Regulation and the transposition of the Law Enforcement Directive, including the launch of further infringement procedures, if necessary, while at the same time maintaining its various compliance promotion activities as regards EU data protection law;
  • Continue to enforce the rule of law and, in particular, judicial independence and primacy of EU law;
  • Organise transposition workshops, capacity building activities and country visits to prepare Member States and stakeholders better for the new General Product Safety Regulation (following a Commission proposal of 30 June 2021), as well as starting to work on the guidance and secondary legislation that the Commission is required to adopt;
  • Ensure the monitoring of the correct implementation of Regulation (EU) 2019/115. This Regulation introduces minimum common security standards and specifications on identity cards and residence documents of Union citizens and their family members exercising free movement;
  • Monitor the implementation of and check the compliance of national legislation with the Company Law Digitalisation Directive (Directive (EU) 2019/1151) and the Company Law Cross-Border Mobility Directive (Directive (EU) 2019/2121).