The European Commission has urged Luxembourg, together with a few other European Union (EU) Member States, to comply with EU rules on combating fraud and counterfeiting of non-cash means of payment and to transpose the amending Energy Performance of Buildings Directive (EPBD).
In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
The Commission is closing 90 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
Directive criminalising fraud and counterfeiting of non-cash payment means
On Wednesday 6 April 2022, the European Commission requested that Luxembourg, Greece and Spain communicate information about how EU rules on combating fraud and counterfeiting of non-cash means of payment have been transposed into their national law. Member States agreed to transpose this directive and communicate national transposition measures to the Commission by 31 May 2021.
The directive criminalises theft and misappropriation of payment credentials, as well as their further sale and distribution. It covers non-cash transactions carried out with any kind of payment instrument, including bank cards but also virtual instruments such as mobile payments.
Since Luxembourg, Greece and Spain had missed the initial transposition deadline, the Commission sent all three Member States a letter of formal notice in July 2021. As the three countries have still not notified transposition measures, the Commission decided to send them reasoned opinions. The three Member States have two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union (CJEU).
EPBD
The Commission also decided on Wednesday to send reasoned opinions to Luxembourg, Spain and Croatia for failure to ensure full transposition into national law of a new directive amending the directive on the energy performance of buildings. The EPBD introduced new elements to strengthen the existing framework, such as minimum energy performance requirements for new buildings, electromobility and recharging points and new rules on the inspection of heating and air-conditioning systems. The revised rules had to be transposed into national law by 10 March 2020.
In May 2020, the three Member States in question received a letter of formal notice for failure to transpose the directive. Having examined the national measures, the Commission has deemed the transposition incomplete in Luxembourg, Spain and Croatia and is therefore sending these Member States a reasoned opinion. They now have two months to reply. In the absence of a satisfactory response, the Commission may refer these cases to the CJEU.
