REPORTS
Greece referred to the CJEU for late payments in the health sector – infringement: INFR(2019)2298
Α. Each Member State of the European Union must apply Union legislation and take the appropriate steps to achieve this. The European Commission is the body responsible for identifying possible violations of EU law.
Where a Member State does not apply EU law and has breached one of its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see more on infringement proceedings in 1, 2, 3, 4).
Β. As mentioned in the “November infringements package, Directive 2011/7/EU (on combating late payment in commercial transactions) obliges public authorities to pay their invoices within 30 days (or 60 days in the case of public hospitals) and thus set an example in the fight against late payment culture in the business environment.
In November 2023, the European Commission referred Greece to the Court of Justice of the European Union for failing to correctly apply the rules of the above-mentioned Directive, due to the excessive delays observed in the payments of public (civil and military) hospitals to their suppliers. It is noted that for this particular case, a letter of formal notice was sent in February 2021 and a reasoned opinion in April 2023.
Information about this procedure and the European Commission’s decisions on the infringement in question can be found on the European Commission’s website by entering INFR(2019)2298 in the “Infringement number” field.
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 November 2023, the European Commission referred Greece to the Court of Justice of the European Union for incorrect application of the rules of Directive 2011/7/EU on late payments, namely excessive delays in payments by public hospitals to their suppliers.
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