As part of its mission to ensure compliance with the rules of European law, the European Commission has just published its “infringement package.” This package consists of 43 letters of formal notice and 45 reasoned opinions. In seven cases, the Commission has decided to refer the matter to the Court of Justice of the European Union (CJEU). Luxembourg has received three letters from the European Commission.

Infringement proceedings concerning professional qualifications

First--along with 21 other EU countries--the European Commission is initiating infringement proceedings by sending a letter of formal notice for failure to comply with EU rules on professional qualifications (Directive 2005/36/EC). These rules make it easier for professionals to provide their services on a temporary and occasional basis in different member states, while guaranteeing the protection of consumers and citizens. The grand duchy is accused of unjustified prior checks in three areas: construction, transport and business services. Luxembourg now has two months to respond and remedy the shortcomings raised by the Commission. In the absence of a satisfactory response, the commission may decide to issue a reasoned opinion. This is the final stage before the matter is referred to the CJEU.

Poorly transposed Eurovignette Directive

Luxembourg has received a reasoned opinion along with seven other European countries for failing to transpose the Eurovignette Directive (Directive 1999/62/EC as amended by Directive [EU] 2022/362).

The Eurovignette Directive establishes common rules for the imposition of distance-based charges (tolls) and time-based user charges (vignettes), enabling member states to recover infrastructure costs (construction, operation, maintenance) through tolls and vignettes. The amending directive (EU) 2022/362 now includes passenger cars, buses and coaches, as well as small heavy vehicles. The revised directive also requires member states to integrate the environmental costs of air pollution into their charging systems so that charges are set on the basis of a vehicle’s CO2 emissions, with the aim of reducing emissions and encouraging cleaner heavy-duty vehicles.

The deadline for transposing the directive into national law was 25 March 2024. As Luxembourg has not yet communicated any transposition measures, the commission has issued a reasoned opinion. The grand duchy now has two months to respond and take the necessary measures. If it fails to do so, the commission may decide to refer the matter to the Court of Justice of the European Union.

Data governance act: incomplete provisions

Luxembourg has received a second reasoned opinion, along with nine other countries. This time the opinion relates to the Data Governance Act. At issue is the country’s failure to designate the authorities responsible for implementing the Data Governance Act, or at least to prove that they are empowered to perform the tasks required by the Act. Once again, Luxembourg has two months to respond and take the necessary measures. If it fails to do so, the commission may decide to refer the matter to the Court of Justice of the European Union.

This article was originally published in .