Α. Each Member State of the European Union must apply Union legislation and take the appropriate steps to achieve this. The body responsible for identifying possible violations of EU law is the European Commission. In the event that a Member State fails to apply EU law and has breached any of its obligations under the EU Treaties, the European Commission may open a formal infringement procedure as referred to in Articles 258 and 260 TFEU (see more on the infringement procedure 1, 2, 3, 4).
B. As mentioned in the “December infringements package” , Directive (EU)2014/89 (establishing a framework for marine spatial planning) requires, inter alia, that EU coastal Member States draw up maritime spatial plans by 31 March 2021 at the latest and notify these plans to the Commission and other Member States concerned within three months of their publication.
In December 2023, the European Commission decided to refer Greece to the Court of Justice of the European Union for failing to ensure the correct application of the above directive, having not yet drawn up and notified its maritime spatial plans.
It should be noted that for this particular case a letter of formal notice was sent in December 2021 and a reasoned opinion in April 2023.
Information about this procedure and the European Commission’s decisions regarding the infringement in question can be found on the European Commission’s website by entering INFR(2021)2226 in the ‘Infringement number’ field.
Information on the case before the Court of Justice (Commission v Greece, C-128/24) can be found on the website of the Court of Justice of the European Union.
The application of EU law is an obligation of the Member States of the European Union.
If possible breaches of EU law are identified, the European Commission can take a series of actions against the Member State concerned to ensure that EU law is correctly and fully applied by launching infringement proceedings under Articles 258 and 260 TFEU.
In December 2023, the European Commission decided to refer Greece to the Court of Justice of the European Union as it failed to ensure the correct application of Directive (EU) 2014/89 on maritime spatial planning, having not drawn up or notified its maritime spatial plans.
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