Christiana Stilianidou
Incorrect application of Regulation (EC)29/2009 – infringement: INFR(2020)2050
01 • 12 • 2021

The European Commission in the context of infringement proceedings initially sent two letters of formal notice followed by a reasoned opinion to Greece, due to the country’s non-compliance with the EU rules for the provision of data link services in the Single European Sky.

1. Each Member State of the European Union shall apply EU law and take appropriate action to that end. The European Commission is the body responsible for detecting possible breaches of EU law.

In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).

2. In accordance with the provisions of Regulation 29/2009/EC (on laying down requirements on data link services for the single European sky), each Member State must take the necessary measures to ensure that air traffic service providers have the capacity to provide and operate data link services.

Where is the problem with the rule of law?

The application of EU law is an obligation of the Member States of the European Union.

If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU. 

In this case, the European Commission sent two  letters of formal notice, followed by a reasoned opinion, calling on Greece to comply with the provisions of Regulation 29/2009/EC. This is because Greece, along with 5 other Member States, is failing to provide and operate data link services for all operators of appropriately equipped aircraft flying within the airspace under their responsibility, and therefore the European Commission considers that Greece is infringing EU law by incorrectly applying the provisions of Regulation (EC) 29/2009.

Christiana Stilianidou
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