Commission takes legal action over airspace and energy

In its monthly package of infringement decisions, the European Commission is pursuing legal action against EU member states for failing to comply properly with their obligations under EU law.

The action taken by the Commission includes infringements regarding the Single European Sky. The EU institution has formally requested Germany, Belgium, France, the Netherlands, and Luxembourg to improve their Functional Airspace Block (FAB), a common airspace arranged around traffic flows rather than state boundaries. The Commission says FABs are a crucial step towards a more efficient, less costly and less polluting aviation system in Europe.

The Commission is also pursuing legal action against Belgium and Finland for failing to transpose the Energy Performance of Buildings Directive. Under this directive, member states must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings’ energy performance and require the regular inspection of heating and air conditioning systems. Additionally, the directive requires member states to ensure that by 2021 all new buildings are nearly zero-energy buildings. The directive had to be transposed into national law by 9 July 2012.

The Commission proposes a daily penalty of just over €19,000 against Finland and €42,000 against Belgium. The level of this penalty is set taking into account the duration and the gravity of the infringement. In case of an affirmative judgment of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalty will be decided by the Court.

Overall, the Commission has taken 135 decisions, including 31 reasoned opinions and four referrals, to the Court of Justice of the European Union.