Skip to main content
European Commission logo
en
European Commission

Mobility and Transport 2023

2023 Annual Report on monitoring the application of EU law - Infringement cases by policy area

Infringement cases open at year-end 2019 - 2023

[notranslate]infringement_cases_open_at_year_end_2019_2023[/notranslate]

By clicking on the multi-level chart, you can consult, for 2023, the number of infringement cases open at the year-end per policy sector and per type of infringement.

Compliance promotion activities in 2023

Guidelines on how to implement EU law

Public service obligations

In 2023, the Commission issued Revised Interpretative Guidelines on public passenger transport services by rail and road, presenting the Commission’s interpretation of key provisions of EU law in that area.

Maritime security

In 2023, the Commission issued an updated version of the Interim Guidance on Maritime Security for Member States’ Competent Authorities. It supports Member States in the implementation of EU maritime transport security legislation (Regulation (EC) 725/2004, Directive 2005/65/EC). Furthermore, the Commission issued a Guidance on how to address cybersecurity onboard ships during audits, controls, verifications and inspections.

Road transport and safety

  • Following the discussion with the enforcement authorities and road transport stakeholders, the Commission issued a guidance note on enforcement practices of Article 8(8) of Regulation (EC) No 561/2006 on the ban to take regular weekly rest periods in a vehicle. The objective of the note is to clarify how compliance with this obligation can be controlled and specify what the controllers can and cannot do to enforce this provision.
  • The Commission issued Guidance on Network-wide Road Safety Assessment, in the context of the implementation of Directive 2008/96/EC on road infrastructure safety management, as amended. Although not mandatory, this guidance offers a valuable tool for the Member States. It could be used to comply with the requirement to classify the existing road network on a risk-levels scale, thus enabling the authorities to identify priorities for future actions and investment to address road safety.
  • A guidance document and a set of training materials for TRACE 2 project. The objective of the project was to establish a common understanding of the new social and market rules introduced by Mobility Package 1 and a harmonised approach to enforcement of those rules.

Single European Sky

The Commission adopted an Implementing Decision on corrective measures to be taken by Belgium and Luxembourg regarding certain performance targets for the third reference period in accordance with Regulation (EC) No 549/2004 laying down the framework for the creation of the single European sky. The Commission then subsequently issued two positive Decisions, concluding that both Belgium and Luxembourg successfully implemented the corrective measures.

Transport networks

The Commission developed transposition guidelines and a paper describing Member States’ challenges and best practices in transposing the Streamlining Directive (Directive 2021/1187). These documents reflect the presentations, comments and questions made by Member States participating in the workshops.

Meetings with Member States

Maritime and aviation security

  • The Committee on the implementation of legislation on improving ship and port installation security (MARSEC Committee) and the Stakeholders Advisory Group on Maritime Security (SAGMAS) continued to meet and discuss relevant issues in the implementation of Union law in the field of maritime security.
  • The Regulatory Committee on civil aviation security (AVSEC Committee) and the Stakeholders Advisory Group on civil aviation security (SAGAS Committee) continued to meet and advise the Commission in the preparation of legislative proposals and policy initiatives, as well as the implementation of Regulation (EC) No 300/2008.
  • In 2023, the Commission held two meetings to improve compliance with AVSEC legislation. One meeting was with the Inspections Working Group, which includes Member States’ coordinators of the national quality control programme. The other meeting was the Annual meeting of National Auditors participating in the European Commission inspection programme established by Commission Regulation (EU) No 72/2010.

Social aspects, passenger rights and equal opportunities

  • In 2023, the Commission used the Passenger Rights expert group to ensure consistent implementation of Passenger Rights Regulations. In October, the group met with national enforcement bodies for bus, coach, and waterborne passenger rights, and in December, with national enforcement bodies for the rights of persons with reduced mobility and air passenger rights.
  • The Commission visited the ANPC, the national enforcement body in Romania responsible for Regulation (EC) No 261/2004, on 22 March 2023 to reach a better understanding of how the ANPC handles complaints on air passenger rights in particular and how it enforces Regulation (EC) No 261/2004 in general.
  • The Commission participated in a conference on 12 October 2023 in Austria uniting national enforcement bodies of Germany, Austria and Switzerland for Regulation (EC) No 261/2004 and presented the latest developments in EU Air Passenger Rights.

Road transport

  • The Commission organised four meetings of the Committee on Road Transport to discuss with Member States the issues related to the implementation and enforcement of the Mobility Package 1. They provided them with a guidance on the correct application of the rules in force, including on the deployment of new version of smart tachograph, the upgrade of European Register of Road Transport Undertakings system and the use of Risk Rating System.
  • The Commission organised one meeting of the Posting of Drivers Expert Group to discuss and establish a common understanding on the application of the posting rules in new transport operation scenarios involving change of drivers or change of trailers. 
  • The Commission organised one meeting of Enforcement Working Group to discuss with the national authorities and enforcement organisations. The aim was to identify the best solution to address the enforcement challenge: the control of driver’s activities and inactivity periods. This allows an effective control on compliance with the driving and rest time rules.
  • The Commission experts provided explanations on the implementation of Mobility Package 1 rules and tools during several training and information sessions organised by the European Labour Authority for national authorities, road transport operators and drivers.

Road safety

Single European Rail Area

  • The Commission discussed Member States' notifications about exemptions for railway infrastructures at the Single European Railway Area Committee (SERAC) meeting on 22 March 2023. The Commission explained the legal consequences of these exemptions and the criteria used to assess the notifications. Before making implementing decisions on these infrastructures, the Commission must consult with SERAC.
  • The Single European Railway Area Forum expert group provided a platform for the Commission to gather feedback from Member States and stakeholders on interpretative guidelines for track access charges under Directive 2012/34/EU. The group collected input from transport ministries, national rail regulatory bodies, infrastructure managers, and railway undertakings on specific issues related to the interpretation of the Directive's provisions on track access charges.

Railway safety and interoperability

During regular meetings of the Railway Interoperability and Safety Committee, the Commission promoted harmonised implementation of the Fourth Railway Package.

Maritime transport and logistics

Maritime safety

Inland navigation

In November 2023, the meeting of the Commission Expert Group (CEG) on Social Issues in Inland Navigation met to discuss the implementation of the Directive on professional qualifications in Inland Navigation.

Aviation policy and aviation safety

Single European Sky

Package meetings

In 2023, no package meetings on implementation issues and infringement cases covering the whole area of EU transport law were organised with Member States. However, implementation issues have been discussed at sectoral level:

Innovation and research

The Commission met with Belgium to discuss pending investigations on the obligation for foreign drivers to pre-register their vehicle before entering a ‘Low Emission Zone’.

Single European rail area

  • In October 2023, the Commission organised a meeting with Romania to discuss issues concerning the transposition of provisions of Directive 2016/2370 amending Directive 2012/34/EU concerning the governance of rail infrastructure.
  • In October 2023, the Commission organised a meeting with the Hungarian rail regulatory body to discuss issues concerning the application of provisions of Directive 2012/34/EU on the scheduling and announcement of temporary capacity restrictions for infrastructure works, in the context of maintenance works on the Budapest – Vienna line.

Maritime transport and logistics

On maritime cabotage, the Commission held meetings with Spain, France and Croatia to clarify some potential issue in their application of EU law and discuss pending investigations.

Maritime safety

Commission services participated in meetings with specific Member States, for infringement cases related to marine equipment and minimum level of training of seafarers. They allowed for the exchange of views with the Member States’ administrations concerned. It also led to the clarification of important aspects and smoother handling of the files, achieving the resolution of the remaining deficiencies and closure in one case.

Aviation policy

The Commission services held several meetings at technical level with the Dutch authorities on Schiphol airport’s capacity limitation ahead of their notification of operating restrictions under the Balanced Approach procedure to address noise concerns.

Other compliance promotion tools

Maritime and aviation security

In 2023, the Commission carried out 19 Aviation Security inspections (as well as 3 third-country assessments in the context of One-Stop-Security) and 14 Maritime Security inspections to monitor compliance with the common basic transport security standards and to ensure the swift detection and correction of failures.

Road safety

The Commission has reviewed the transposition of Directives 2014/45/EU, 1999/37/EC (as amended by Directive 2014/46/EU), and 2014/47/EU based on measures previously notified. They found that the information provided by Member States on transpositions was unclear or incomplete. As a result, the Commission sent specific questions to Member States for clarification and is now analysing their replies. Some Member States also notified additional transposition measures following the questions.

Single European rail area

In March 2023, the Commission asked Greece for a copy of the draft contract between the Greek state and the rail infrastructure manager to ensure it met the requirements of Directive 2012/34/EU. However, the concerns were not addressed, leading the Commission to issue a political letter.

Railway safety and Interoperability

In railway transport, the Commission uses the European Union Agency for Railways' monitoring activities to check how Member States are implementing railway safety and interoperability legislation, focusing on the performance of national safety authorities and the progress of the EU rail system's safety and interoperability.

Aviation safety

In 2023, the European Union Aviation Safety Agency (EASA) conducted 82 inspections. EASA conducts standardisation activities in all EU Member States, as well as in Iceland, Norway and Switzerland.

Follow-up given to petitions

In 2023, the Commission handled 12 petitions related to alleged breaches of EU law in the area of mobility and transport. Most petitions concerned the areas of passenger rights.

  • Petition 0692/2018: The Commission decided not to pursue further investigations regarding the petitioner’s allegations that the insufficient compensation levels in the event of denied boarding induce airlines to opt for the practice of overbooking in an abusive way. The main reason is that a fact-finding study launched by the Commission, published in 2020, revealed that the proportion of passengers being denied boarding due to overbooking is low. These findings have been taken into account in the ongoing discussions on the Commission’s 2013 proposal for amending the Air Passenger Rights Regulation.
  • Petition 0727/2018: The petitioner recounts the unwillingness of an airline to compensate him after a flight cancellation incident caused by strike actions of its employees. The Commission decided not to pursue further investigations as it has no power to intervene in individual cases between passengers and airlines.
  • Petition 0470/2019: The Commission decided not to pursue investigations because specific provisions for EU airlines regarding the transfer of musical instruments are already included in the Commission’s pending proposal of 2013 for amending the Air Passenger Rights Regulation.
  • Petition 0622/2020: The Commission decided not to pursue investigations as EU rules on air passenger rights do not cover the case where a passenger wishes to cancel a flight which was not cancelled by the air carrier itself. In such a case, the terms and conditions of the air carrier apply. Such terms and conditions are subject to Council Directive 93/13/EEC on unfair terms in consumer contracts.
  • Petition 0985/2020: The Commission has followed up on the issues raised in the petition in all 27 Member States by requesting detailed information on the application of the EU rules on air passenger rights and enforcement action taken by national authorities in the context of the COVID-19 pandemic through the EU Pilot dialogue. In addition, the Commission coordinated a large-scale investigation on airline cancellation practices together with national responsible authorities within the Consumer Protection Cooperation (CPC) Network.
  • Petitions 0723/2021 and 0771/2021: The Commission decided to deal with the issues raised in these two petitions regarding airline bankruptcy and airline insolvency as part of the ongoing review of the Air Services Regulation.
  • Petition 0405/2022: The Commission decided not to pursue investigations regarding the alleged breaches. The main reason is that the Commission has no power to intervene in individual cases between passengers and airlines.
  • Petition 0608/2022: The Commission decided not to pursue investigations regarding the alleged breaches because the majority of the petitioner's requests concerns operational issues which fall outside the Union’s competence.
  • Petition No 0630/2023: The Commission has decided not to pursue investigations. The main reason is that a fact-finding study launched by the Commission that was published in 2020 revealed that the proportion of passengers being denied boarding due to overbooking is low. Besides, passenger rights in the event of involuntary denied boarding are adequately covered by Regulation (EC) No 261/2004. However, what is crucial is to ensure proper and thorough enforcement of the relevant provisions by the Member States. To reply to this aspiration the enforcement of passenger rights is one of the core issues of both the 2013 Commission proposal amending Regulation (EC) No 261/2004, and the additional proposals on passenger rights regarding all modes of transport that were adopted by the Commission in November 2023, which complement the proposal of 2013.
  • Petition 1147/2021 related to alleged breaches of EU law in the area of requirements for rail transport staff. The Commission assessed and decided not to pursue investigation concerning this petition as it presented an isolated instance of possible wrongful application of EU law, without evidence of general practice. Such cases should be addressed through means of individual redress under national law.
  • Petition 1082/2018 related to alleged breaches of EU law in the area of maritime transport services, especially the areas of maritime cabotage and public service obligations. The Commission decided not to pursue investigations as breach of EU law was not established.

Court of Justice rulings against Member States

  • Commission v Denmark (Durée maximale de stationnement), C-167/22.

Important preliminary rulings

Aviation:

  • TAP Portugal (Décès du copilote),C-156/22;
  • LATAM Airlines Group, C-238/22;
  • Eurowings (Vol inexistant), C-607/22 [Order of the Court];
  • Austrian Airlines (Premiers soins à bord d’un aéronef), C-510/21;
  • Austrian Airlines (Vol de rapatriement),C-49/22;
  • Ministerstvo vnútra Slovenskej republiky, C-283/22.

Road transport:

  • Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport de conteneurs vides), C-246/22;
  • Prestige and Limousine, C-50/21;
  • CNAE and Others, C-292/21;
  • Azienda regionale sarda trasporti, C-477/22;
  • Bezirkshauptmannschaft Lilienfeld, C-155/22;
  • Åklagarmyndigheten, C-666/21.

Public service obligations:

Rail transport:

Outlook for 2024

In 2024, the Commission will continue important implementation and enforcement work in the area of mobility and transport. In particular, the Commission plans to:

Sustainable and intelligent transport

  • promote compliance in the area of alternative fuels and clean vehicles. In particular, the Commission will issue FAQ on the interpretation of the recently adopted Regulation (EU) 2023/1804 on the deployment of alternative fuels infrastructure and share data on public procurement of vehicles in the framework of Directive 2009/33/EC (Clean Vehicles Directive) with Member States, in order to facilitate national monitoring and reporting under that Directive;

Social aspects, passenger rights and equal opportunities

  • revise its interpretative guidelines concerning Regulation (EC) No 1107/2006 on the rights of persons with disabilities and persons with reduced mobility when using air transport. The aim of the interpretative guidelines is to ensure the uniform interpretation, application, and enforcement of Regulation (EC) No 1107/2006. The revised interpretative guidelines are expected to be published by June 2024, and they will replace the current guidelines;
  • update in 2024 the Interpretative Guidelines on Regulation (EC) No 261/2004. Since the adoption of current version of the guidelines in 2016, the number of judgments handed down by the Court of Justice of the European Union interpreting Regulation (EC) No 261/2004 has almost doubled. The Commission services will update the Guidelines with around 70 additional judgments;
  • monitor the notifications by Member States on the national bodies responsible for enforcement, national rules on penalties and exemptions of certain rail services following the entry into application of Regulation (EU) No 2021/782 on rail passengers’ rights and obligations on 7 June 2023.
  • make regular use of the Passenger Rights expert group to promote an effective and uniform implementation of Passenger Rights Regulations and ensure the cooperation of the national enforcement bodies;
  • incentivise the national enforcement bodies to respect the obligations under the Single Digital Gateway Regulation on information provided on national websites on passenger rights;

Road transport

  • work closely with the enforcement community and with expert/working groups with the aim establish guidance on the outstanding issues, including new posting scenarios involving third countries or combined transport; the use of upgraded European Register of Road Transport Undertakings (ERRU) system; the renewal of tachograph cards and others; the correct use of Internal Market Information system (IMI) modules for road transport to enhance effective cross-border enforcement of the rules on posting and stable establishment of road transport undertaking;
  • continue working closely with the European Labour Authority (ELA) in the field of awareness raising and promoting and supporting effective and consistent enforcement of the Mobility Package 1 rules across the EU;

Single European rail area

  • publish Guidelines on Track Access Charges in the first semester of the year. The aim of the Guidelines is to clarify existing legal obligations coming from Directive 2012/34 and to provide advice based on best practices, boosting an optimal use of the network, which is crucial for the achievement of the rail transport targets;

Railway safety and Interoperability

  • intensify its follow-up to results of monitoring of the national safety authorities performed by the European Union Agency for Railways under Regulation 2016/796. Results of the second cycle of audits will reveal areas requiring action from the Member States. Progress on delivering Action Plans established to that end will be closely monitored by the Commission;

Aviation policy and safety

  • prepare an update to the Interpretative guidelines on Regulation (EC) No 1008/2008 - Rules on Ownership and Control of EU air carriers;
  • enforce the work in the area of aviation safety: this mainly consists in the Commission’s follow up on EASA (European Aviation Security Agency) inspections across all EU Member States in cases where these inspections show deficiencies of the implementation of the EU aviation safety acquis as defined under Regulation (EU) 1139/2018;
  • ensure the correct implementation of the Single European Sky regulatory framework: in particular, the Commission plans to ensure the timely deployment by the operational stakeholders in the Member States of the air traffic management functionalities mandated by Commission Implementing Regulation (EU) 2021/116 on the establishment of the Common Project One supporting the implementation of the European Air Traffic Management Master Plan. It also plans to enforce the correct implementation of the Single European Sky performance and charging scheme set up pursuant to Regulation (EC) 549/2004 laying down the framework for the creation of the single European sky and on the provision of air navigation services in the single European sky. Finally, it plans to work closely with the Member States represented in the EASA Committee towards the implementation of the Commission Implementing Regulation (EU) 2018/1048 laying down airspace usage requirements and operating procedures concerning performance-based navigation;

Aviation and maritime security

  • continue aviation and maritime security inspections of all Member States to monitor compliance with the common basic transport security standards and to ensure the swift detection and correction of failures;
  • prepare the Fourth report assessing the implementation of the Directive on enhancing port security covering the years 2019-2023;

Maritime safety

  • work closely with Member States and the European Maritime Safety Agency (EMSA) to ensure maritime safety legislation is implemented and applied correctly. EMSA visits and inspections to Member States have been scheduled and will provide the Commission with further insights on aspects to follow up;
  • continue to work on the development of Passenger Ship Safety Guidance with the assistance of the dedicated subgroup of the Passenger Ship Safety Expert Group;

Port services

  • submit a report to the European Parliament and the Council on the functioning and effect of Regulation (EU) 2017/352 establishing a framework for the provision of port services and common rules on the financial transparency of ports.