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).
As mentioned in the “April infringements package: main decisions 19-4-2023” and in the “November infringements package: Main Decisions 16-11-2023”, the European Commission considered that a national rule providing for immediate payment of the long-standing debts of public hospitals to their private suppliers under the condition that these suppliers surrender their rights to interests, compensation, and judicial remedies constituted a breach of EU rules on late payments in commercial transactions, as interpreted by the Court of Justice of the European Union.
Due to this incorrect application of the rules of Directive 2011/7/EU (on combating late payment in commercial transactions), the European Commission decided to send a letter of formal notice in April 2023 and a reasoned opinion in November 2023 to Greece, calling on it to ensure timely payment for the delivery of goods or services.
Information about this procedure and the Commission’s decisions regarding the infringement in question can be found on the European Commission’s website by entering INFR(2023)2027 in the ‘Infringement number’ field.
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 2023, the European Commission decided to send first a letter of formal notice and then a reasoned opinion to Greece, as it considered that the provision for the immediate payment of long-term debts of public hospitals to their private suppliers, provided that the latter waive their rights under the Directive, constitutes an incorrect application of the rules of Directive 2011/7/EU.
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