REPORTS
Non-compliance of Greek legislation with Directive (EU) 2019/713 infringement – INFR(2021)0210
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 that the European Commission has initiated against Greece in this case concerns the provisions of Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. The Directive criminalises theft and misappropriation of payment credentials, as well as their further sale and distribution. It covers non-cash transactions carried out with any kind of payment instrument, including bank cards but also virtual instruments such as mobile payments. Infringement opinion INFR(2021)0210 reports that Greece did not meet the initial deadline for transposing the rules into national law. Greece now has two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the Greek State 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 case, the Commission sent a reasoned opinion because of Greece’s failure to transpose the rules on combating fraud and counterfeiting of non-cash means of payment.
Greece must respond to the Commission’s arguments and take the necessary measures within two months. Otherwise, the Commission may decide to refer the country to the Court of Justice of the European Union.
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