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.

In the list of December infringements, there is 1 energy-related letter of formal notice and 2 reasoned opinions. 

Letters of formal notice

Commission calls on Hungary to comply with rules on intra-EU investor-State arbitration 
The European Commission today decided to open infringement procedures by sending a letter of formal notice to Hungary (INFR(2025)2204), because Hungary failed to prevent violations of the prohibition on intra-EU investor-State arbitration, as established by the case law of the Court of Justice. In its judgment in Case C-741/19, Komstroy, the CJEU held that Articles 267 and 344 TFEU prevent an international agreement, such as Article 26 of the Energy Charter Treaty,  from allowing an investor from one Member States to bring a dispute concerning investments in another Member State, before an arbitral tribunal whose jurisdiction that Member State has agreed to accept. The violations subject to the letter of formal notice  result from the actions of the Hungarian State-controlled company MOL, and companies controlled by it, that breach the prohibition of intra-EU investor State arbitration. First, MOL requested a third-country court to recognise and enforce an intra-EU investor-State arbitral award issued in its favour on the basis of article 26 of the Energy Charter Treaty. Second, a company controlled by MOL initiated a new intra-EU investor-state arbitration procedure against another EU Member State on the basis of article 26 of the Energy Charter Treaty. The Commission is therefore sending a letter of formal notice to Hungary which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Commission urges Finland to comply with the Methane Regulation
Today, the European Commission decided to send a reasoned opinion to Finland (INFR(2025)2113), for breaching the Methane Regulation (EU) 2024/1787 by failing to appoint a competent authority responsible for monitoring and enforcing the application of the rules and notify it to the Commission. The Methane Regulation tackles methane emissions in the crude oil, natural gas and coal sectors. It aims to improve measurement and reporting of methane emissions in the EU, to foster their abatement and to increase transparency in the EU and globally. It also incentivises the EU’s international partners to measure, report and reduce their methane emissions. Member States had to notify to the Commission the names and contact details of their competent authorities by 5 February 2025. The Commission notes that Finland has still not fulfilled this obligation. The Commission is therefore sending a reasoned opinion to Finland, which now has two months to respond and address the shortcomings raised by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Commission urges Greece, France, Italy, Cyprus, Hungary, Malta, Poland and Portugal to transpose the reinforced rules to promote renewable energy
Today, the European Commission decided to send reasoned opinions to Greece (INFR(2025)0214), France (INFR(2025)0220), Italy (INFR(2025)0228), Cyprus (INFR(2025)0201), Hungary (INFR(2025)0224), Malta (INFR(2025)0233), Poland (INFR(2025)0238) and Portugal (INFR(2025)0241) for failing to fully transpose the provisions of the amending Directive (EU) 2023/2413 into national law. The Directive was adopted in 2023. Member States had to notify the transposition of the Directive by 21 May 2025, except for some provisions related to permitting, which were already due by 1 July 2024. The new rules aim to accelerate the deployment of renewable energy in all sectors of the economy, not only in the power sector, but also and especially in those sectors where progress is more difficult like heating and cooling, buildings, transport and industry, where the EU has also set new or strengthened targets. They set horizontal and cross-cutting measures to promote the deployment of renewables, such as the strengthening of guarantees of origin, facilitating energy system integration through the promotion of electrification and renewable hydrogen, and safeguards to ensure a more sustainable bioenergy production. The implementation of the legislation is instrumental to accelerate the roll-out of homegrown clean energy, to further reduce greenhouse gas GHG emissions in the energy sector – which currently contributes over 75% of total GHG emissions in the Union, and to strengthen energy security. It will also contribute to lowering energy prices and enhancing the competitiveness of the EU economy. In July 2025, the Commission sent letters of formal notice to 26 Member States for failing to fully transpose the Directive into national law. After having examined the replies from the Member States, the Commission has decided to issue reasoned opinions to Greece, France, Italy, Cyprus and Portugal for failing to notify transposition measures and to Hungary, Malta and Poland for failing to provide sufficiently clear and precise information on how their transposition measures transpose each of the Directive’s provisions. These  Member States now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union with a request for financial sanctions.  

 

For more information on the EU infringement procedure, see the full press release and Q&A. For more detail on the history of a case, you can consult the infringement decisions’ register.