REPORTS
Incorrect application of Directive 2011/7/EU due to delays in legal aid payments – Infringement: INFR(2023)4000
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).
Directive 2011/7/EU concerns the rules for combating late payments in commercial transactions. As mentioned in the “April infringements package“, late payments negatively affect businesses by reducing their liquidity, preventing their growth, hampering their resilience and potentially distorting their efforts to become greener and more digital.
In April 2023, the European Commission decided to send a letter of formal notice to Greece, citing the Greek authorities’ practice of delaying payments to lawyers under a national state-funded legal aid scheme aimed at providing assistance in legal proceedings to citizens facing financial difficulties.
According to the Commission, this practice makes it difficult for lawyers to be paid for the legal services in question within the time-limit laid down in the directive. Greece now has two months to respond to the Commission’s arguments. Otherwise, the Commission may send a reasoned opinion to Greece.
More information on this procedure can be found on the European Commission’s website by entering INFR(2023)4000 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 this particular case, the Commission sent a letter of formal notice to Greece because of the incorrect application of the rules laid down in the Late Payments Directive, namely late payments to lawyers under the legal aid scheme.
Bank Account number: 1100 0232 0016 560
IBAN: GR56 0140 1100 1100 0232 0016 560
BIC: CRBAGRAA
In a time where the very foundations of democracy are gradually being eroded by the rise of extreme nationalism, alt-right movements, the spread of disinformation and corporate capture, the efforts of organisations such as Vouliwatch are more relevant than ever.
We rely on the generosity of each and every one of you to continue with our efforts for more transparency and accounta
By financially supporting Vouliwatch you support our litigation strategy, our campaigns for transparency and accountability in the political system, the development of new civic tech tools, our research projects and last but not least our impartial and accurate