Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
The procedure initiated by the European Commission against Greece in this case concerns Directive 2006/22/EC laying down minimum requirements for the implementation of regulations on legislation relating to road transport activities. The directive requires Member States to carry out a minimum number of checks on the road and on the premises of road transport undertakings in order to verify compliance by drivers and hauliers with the rules on driving times and rest periods and on the use of tachographs. On-the-spot checks should cover at least 3 % of the days on which drivers have worked. The Commission considers that Greece has consistently failed to reach the minimum threshold of checks prescribed by Directive 2006/22/EC. Greece now has two months to respond to the arguments raised. In the absence of a satisfactory response, the Commission may decide to refer the matter to 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 infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this particular case, the Commission sent a reasoned opinion following Greece’s systematic failure to comply with the provisions of Directive 2006/22/EC. Greece is required to respond to the Commission’s arguments within two months.
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