REPORTS
Incorrect transposition and implementation of certain provisions of Directive 2012/34/EU establishing a single European railway area: INFR (2017) 2141
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. Directive 2012/34/EU (on the creation of a single European railway area) regulates issues related to access to railway infrastructure including charging, service facilities, regulators, and their specific responsibilities. The directive also provides for the conclusion of a contractual agreement between the competent authority and the infrastructure manager.
As stated in the December Infringements Package: key decisions 2/12/2021, the European Commission sent a reasoned opinion to Greece, calling on it to correctly transpose and implement the provisions of the above directive into national law [infringement number: INFR(2017)2141]. This is because the Commission considered that Greece has not yet complied with the obligations arising from certain provisions of this Directive and therefore is in infringement of European Union 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 a reasoned opinion to Greece as it considered that the country has not complied with the obligations arising from Directive 2012/34/EU (on the creation of a single European railway area) and therefore is in infringement of EU law.
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