EU Takes Action Against Energy Law Infringements

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The European Commission has released its October 2026 legal enforcement package, taking formal steps against multiple Member States for failing to comply with key European energy, climate, and safety regulations.

The Directorate-General for Energy opened infringement procedures by issuing formal letters of notice to Spain and France, alongside an additional notice to Belgium, for failing to submit their required electricity Risk-Preparedness Plans. Mandated under EU Regulation 2019/941, these strategic frameworks are updated every four years to mitigate cross-border supply disruptions caused by extreme weather, cyberattacks, or fuel shortages. The Commission also sent a formal notice to Romania over non-compliance with market surveillance rules for product ecodesign and energy labelling.

In addition to new notices, the executive body escalated several ongoing cases by issuing reasoned opinions. Greece, Spain, Italy, and Malta were urged to complete the transposition of the recast Energy Efficiency Directive (Directive 2023/1791), which enforces binding targets to reduce overall energy consumption and alleviate energy poverty. Croatia received a reasoned opinion regarding delayed implementation of the revised Renewable Energy Directive (Directive 2023/2413).

The Commission also targeted broader safety, decarbonization, and reporting failures. Poland and Romania were issued reasoned opinions for non-compliance with offshore oil and gas safety regulations (Directive 2013/30/EU). Meanwhile, nine countries—including Belgium, Ireland, Italy, and Poland—were cited for failing to submit their draft National Building Renovation Plans under the Energy Performance of Buildings Directive. Austria and Romania faced similar notices for incomplete National Energy and Climate Progress Reports.

The package concluded with high-level referrals to the Court of Justice of the European Union. Hungary was referred to the CJEU for permitting state-controlled energy firm MOL to enforce intra-EU investor-State arbitral awards under the Energy Charter Treaty, breaching EU treaty law. Bulgaria was also referred to the Court, accompanied by a request for financial sanctions, for failing to fully transpose the 2019 Electricity Market Directive into national law.

All cited Member States have been given a two-month deadline to respond to their respective notices or reasoned opinions before the Commission pursues further judicial action or financial penalties.